01-74 Resolution No. 01-74
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CONE, KALB & WONDERLICK FOR ARCHITECTURAL SERVICES
UNDER THE FACADE IMPROVEMENT PROGRAM
(11-13-15 N. 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 Cone, Kalb &
Wonderlick for architectural services under the Facade
Improvement Program for the property located at 11-13-15 N. Grove
Avenue, a copy of which is attached hereto and made a part hereof
by reference .
s/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28 , 2001
Adopted: March 28, 2001
Omnibus Vote : Yeas 5 Nays : 0
Attest :
s/ Suellen Losch
Suellyn Losch, Deputy City Clerk
AGREEMENT
This Agreement , made and entered into this 11tL day of
Amu., , 2001 , by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City" ) and
Cone Kalb Wonderlick Architects (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 11-13-15 North Grove Avenue, Elgin, Illinois; and
WHEREAS, Architect has submitted a proposal for the requested
improvements to the exterior facade of the building at 11-13-15
North Grove Avenue to include rehabilitation to the windows and
doors, exterior painting and tuckpointing and restoration of
exterior architectural features, all- as set forth in the
Abbreviated Standard Form of Agreement Between Owner and Architect
(Form B151-1997) attached hereto as Exhibit 1 .
NOW, THEREFORE, for and in consideration of the mutual
agreements set forth herein and in the attached Abbreviated
Standard Form of Agreement Between Owner and Architect (Form 3151-
1997) , 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 11-13-15
North Grove Avenue to include rehabilitation to the windows and
doors, exterior painting and tuckpointing and restoration of
exterior architectural features . The terms and scope of work for
the architect services shall be as set forth in Exhibit 1 attached
hereto. For services provided by the Architect pursuant to this
Agreement the City shall pay the Architect the lump sum of
$6, 420 . 00, inclusive of all fees and expenses, regardless of actual
time expended or actual costs incurred by the Architect .
3 . That Article 9 . 1 as set forttL in the attached
Exhibit 1 is hereby amend to provide as follows :
"This Agreement shall be subject to and
1
governed by the laws of the State of Illinois .
Venue for the resolution of any disputed or
the enforcement of any rights pursuant to this
Agreement shall be in the Circuit Court of
Kane County, Illinois . "
4 . That Articles 10 . 3 . 1 and 11 . 1 as set forth in the
attached Exhibit 1 are hereby deleted in their entirety.
S . That in the event of a conflict between this form
agreement and Exhibit 1 attached hereto the terms of this form
agreement shall control .
6 . That this agreement constitutes the entire
agreement between the parties hereto and may not be amended without
the express written agreement executed by the parties hereto .
IN WITNESS WHEREOF, the parties have executed and entered into
this agreement on the date and year first written above .
CITY OF ELGIN
By R
CA-y Manager Cone Kalb Wonderlick
Attest :
City Clerk
2
1997 Edition - Electronic Format
AIA Document B151 - 1997
Abbreviated Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the day of APML, in the year 2001
(In words,indicate day,month and year) THIS DOCUMENT HAS IMPORTANT LEGAL
BETWEEN the Architect's client identified as the Owner: CONSEQUENCES.CONSUL TARONWITHAN
ATTORNEY IS ENCOURAGED WITH RESPECT
(Name,address and other information) TO ITS COMPLETION OR MODIFICATION.
The City of Elgin. Illinois, a municipal corporation AUTHENTICATION OF THIS ELECTRONICALLY
150 Dexter Court DRAFTED AIA DOCUMENT MAY BE MADE
Elgin IL 60120-5555 BY USING AIA DOCUMENT D401.
and the Architect:
(Name,address and other information)
Cone Kalb Wonderlick, an Illinois Professional Corporation
(hereinafter referred to as "ARCHITECT"
730 West Randolph Street
Chicago, IL 60661
For the following Project:
(Include detailed description of Project)
Improvements to the exterior facade of the building t
11-13-15 North Grove Avenue, Elgin IL 60120.
The proposed improvement include rehabilitation to the windows and doors exterior
painting and tuckpointing and restoration of exterior Architectural features
The Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect, Architect's employees and Architect's
consultants shall be as enumerated in Articles 2,3 and 12.
1.2 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project.The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds. This schedule shall include allowances for periods of time r
required for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by the Owner
shall not,except for reasonable cause,be exceeded by the Architect or Owner.
®1997 AIA®
1.3 The Architect shall designate a representative authorized to act on behalf of the AIA DOCUMENT 8151-1997
Architect with respect to the Project. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
1.4 The services covered by this Agreement are subject to the time limitations contained The American Institute of Architects
in Subparagraph 11.5.1.
1735 New York Avenue, N.W.
Washington, D.C.20006-5292
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
0 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects.Reproduction of the matena ereln
or substantial quotation of its provisions without written permission of the AIA violates the copyright laws
of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced in accordance with your license
without violation until the date of expiration as noted below. User Document: 11_13_15 S GROVE.AIA --
3/20/2001.AIA License Number 1101108,which expires on 3/31/2002.
1
The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any
other seMces identified in Article 12 as part of Basic Services, and include normal structural,
mechanical and electrical engineering sen ices.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,schedule
and construction budget requirements, each in terms of the other, subject to the limitations set
forth in Subparagraph 5.2.1.
THIS DOCUMENT HAS IMPORTANT LEGAL
2.2.3 The Architect shall review with the Owner alternative approaches to design and CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH RESPECT
construction of the Project. TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget DRAFTED AIA DOCUMENT MAY BE MADE
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design BY USING AIA DOCUMENT 0401.
Documents consisting of drawings and other documents illustrating the scale and relationship
of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost
based on current area,volume or similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner in the program, schedule or construction budget, the Architect shall prepare, for
approval by the Owner, Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements as may be
appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate
of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments
in the scope or quality of the Project or in the construction budget authorized by the Owner,
the Architect shall prepare, for approval by the Owner, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the
Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Contract, and the form of Agreement ��J#; '
between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary 01997 AIA®
estimates of Construction Cost indicated by changes in requirements or general market AIA DOCUMENT 8151-1997
conditions. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for The American Institute of Architects
filing documents required for the approval of governmental authorities having jurisdiction over 1735 New York Avenue, N.W.
the Project. Washington,D.C. 20006-5292
2.5 BIDDING OR NEGOTIATION PHASE
Copyright 1974, 1978, 1977, 1987, m 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108, which expires on 3/31/2002.
2
The Architect, following the Owner's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or
negotiated proposals and assist in awarding and preparing contracts for construction.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the initial Contract for Construction and
terminates at the earlier of the issuance to the Owner of the final Certificate for Pavment or 6o
days after the date of Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction as set THIS DOCUMENT HAS IMPORTANT LEGAL
forth below and in the edition of AIA Document A2oi, General Conditions of the Contract for CONSEQUENCES.CONSULTATION WITH AN
Construction, current as of the date of this Agreement, unless otherwise provided in this ATTORNEY IS ENCOURAGED WITH RESPECT
Agreement. Modifications made to the General Conditions, when adopted as part of the TO ITS COMPLETION OR MODIFICATION.
Contract Documents,shall be enforceable under this Agreement only to the extent that they are AUTHENTICATION OF THIS ELECTRONICALLY
consistent with this Agreement or approved in writing by the Architect. DRAFTED AIA DOCUMENT MAY BE MADE
BY USING AIA DOCUMENT D401.
2.6.3 Duties, responsibilities and limitations of authority of the Architect under this
Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the
Owner and Architect with consent of the Contractor, which consent will not be unreasonably
withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner
during the administration of the Contract for Construction.The Architect shall have authority
to act on behalf of the Owner only to the extent provided in this Agreement-unless otherwise
modified by written amendment.
2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals
appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner
and the Architect in Article 12, (t) to become generally familiar with and to keep the Owner
informed about the progress and quality of the portion of the Work completed,(2)to endeavor
to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
general if the Work is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall
not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. The Architect shall neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor.
However, the Architect shall not be responsible for the Contractor's failure to perform the �L,
Work in accordance with the requirements of the Contract Documents. The Architect shall be sir
responsible for the Architect's negligent acts or omissions, but shall not have control over or
charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors,
or their agents or employees, or of any other persons or entities performing portions of the 01991 AIA®
Work. AIA DOCUMENT B151-1997
ABBREVIATED OWNER-ARCHITECT
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation AGREEMENT
or progress. The American Institute of Architects
1735 New York Avenue, N.W.
2.6.8 Except as otherwise provided in this Agreement or when direct communications have Washington, D.C.20006-5292
been specially authorized, the Owner shall endeavor to communicate with the Contractor
through the Architect about matters arising out of or relating to the Contract Documents.
Communications by and with the Architect's consultants shall be through the Architect.
Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of t e
material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
3
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue
certificates in such amounts.
2.6.9.2 The Architect's certification for payment shall constitute a representation to the
Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and
on the data comprising the Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best of the Architect's knowledge,
information and belief, the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (i) to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests
and inspections, (3) to correction of minor deviations from the Contract Documents prior to
completion,and(4) to specific qualifications expressed by the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH RESPECT
2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the TO ITS COMPLETION OR MODIFICATION.
Architect has (>) made exhaustive or continuous on-site inspections to check the quality or AUTHENTICATION OF TH15 ELECTRONICALLY
quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or DRAFTED AIA DOCUMENT MAY BE MADE
procedures, (3) reviewed copies of requisitions received from Subcontractors and material BY USING AIA DOCUMENT D401.
suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment,or(4) ascertained how or for what purpose the Contractor has used money previously
paid on account of the Contract Sum.
2.6.10 The Architect shall have authority to reject Work that does not conform to the
Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect
shall have authority to require inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor,Subcontractors, material and equipment suppliers,their agents
or employees or other persons or entities performing portions of the Work.
2.6.11 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
Limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action shall be taken with such
reasonable promptness as to cause no delay in the Work or in the activities of the Owner,
Contractor or separate contractors,while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or performance of equipment or
systems, all of which remain the responsibility of the Contractor as required by the Contract—�
Documents.The Architect's review shall not constitute approval of safety precautions or,unless
otherwise specifically stated by the Architect, of any construction means,methods, techniques,
sequences or procedures.The Architect's approval of a specific item shall not indicate approval ,
of an assembly of which the item is a component. AP i ri i&
2.6.12 If professional design services or certifications by a design professional related to
systems, materials or equipment are specifically required of the Contractor by the Contract 01997 AIA®
Documents, the Architect shall specify appropriate performance and design criteria that such AIA DOCUMENT 8151-1997
services must satisfy. Shop Drawings and other submittals related to the Work designed or ABBREVIATED OWNER-ARCHITECT
certified by the design professional retained by the Contractor shall bear such professional's AGREEMENT
written approval when submitted to the Architect. The Architect shall be entitled to rely upon The American Institute of Architects
the adequacy, accuracy and completeness of the services,certifications or approvals performed 1735 New York Avenue, N.W.
by such design professionals. Washington, D.C.20006-5292
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with
supporting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the
Copyright 1974, 1978, 1977, 1987, 7 by The American Institute of Architects. Reproduction ot r e
material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
4
Contract Documents, and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time which are consistent
with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, shall receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and assembled by the Contractor, and shall issue a final
Certificate for Payment based upon a final inspection indicating the Work complies with the
requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the
Owner and Contractor under, and requirements of, the Contract Documents on written THIS DOCUMENT HAS IMPORTANT LEGAL
request of either the Owner or Contractor. The Architect's response to such requests shall be CONSEQUENCES.CONSULTATION WITH AN
made in writing within any time limits agreed upon or otherwise with reasonable promptness. ATTORNEY 15 ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS ELECTRONICALLY
P DRAFTED AIA DOCUMENT MAY BE MADE
and reasonably inferable from the Contract Documents and shall be in writing or in the form of BY USING AIA DOCUMENT D401.
drawings. When making such interpretations and initial decisions,the Architect shall endeavor
to secure faithful performance by both Owner and Contractor, shall not show partiality to
either, and shall not be liable for results of interpretations or decisions so rendered in good
faith.
2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in
question between the Owner and Contractor as provided in the Contract Documents.
However, the Architect's decisions on matters relating to aesthetic effect shall be final if
consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect's decisions on claims,disputes or other matters in question between the
Owner and Contractor,except for those relating to aesthetic effect as provided in Subparagraph
2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services.The services described under Paragraphs 3.2
and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph 3.3 are required due to ■�
circumstances beyond the Architect's control, the Architect shall notify the Owner prior to
commencing such services. If the Owner deems that such services described under Paragraph
3.3 are not required,the Owner shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Additional Services are not required,the Z�.
Architect shall have no obligation to provide those services. •+ '
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
01997 AIA®
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is AIA DOCUMENT 8151-1997
required, the Architect shall provide one or more Project Representatives to assist in carrying ABBREVIATED OWNER-ARCHITECT
out such additional on-site responsibilities. AGREEMENT
3.2.2 Project Representatives shall be selected, employed and directed by the Architect,and The American Institute of Architects
the Architect shall be compensated therefor as agreed by the Owner and Architect.The duties, 1735 New York Avenue, N.W.
responsibilities and limitations of authority of Project Representatives shall be as described in Washington, D.C. 20006-5292
the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise
agreed.
Copyright 1974, 1978, 19 7, 1987, 97 by The American Institute of Architects. Reproduction of t e
material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
5
3.2.3 Through the presence at the site of such Project Representatives, the Architect shall
endeavor to provide further protection for the Owner against defects and deficiencies in the
Work, but the furnishing of such project representation shall not modify the rights,
responsibilities or obligations of the Architect as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in drawings, specifications or other documents when such revisions
are:
.l inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
Project budget; THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
.2 required by the enactment or revision of codes, laws or regulations subsequent to ATTORNEY IS ENCOURAGED WITH RESPECT
the preparation of such documents;or TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
.3 due to changes required as a result of the Owner's failure to render decisions in a DRAFTED AIA DOCUMENT MAY BE MADE
timely manner. BY USING AIA DOCUMENT 0401.
3.3.2 Providing services required because of significant changes in the Project including,but
not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required under Subparagraph
5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data,
evaluating Contractor's proposals, and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by the
Contractor and making subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction,and furnishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects
or deficiencies in the Work of the Contractor,or by failure of performance of either the Owner
or Contractor under the Contract for Construction. _
3.3.7 Providing services in evaluating an extensive number of claims submitted by_the
Contractor or others in connection with the Work.
3.3.8 Providing services in connection with a public hearing,a dispute resolution proceeding 3'ri;
or a legal proceeding except where the Architect is party thereto.
3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in 01997 AIA®
AIA DOCUMENT 8151-1997
connection with bidding, negotiation or construction prior to the completion of the ABBREVIATED OWNER-ARCHITECT
Construction Documents Phase. AGREEMENT
3.4 OPTIONAL ADDITIONAL SERVICES The American Institute of Architects
3.4.1 Providing analyses of the Owner's needs and programming the requirements of the 1735 New York Avenue, N.W.
Project. Washington,D.C. 20006-5292
3.4.2 Providing financial feasibility or other special studies.
Copyright 1974, 1978, 1977, 1987, 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/1512001.AIA License Number 1101108,which expires on 3/31/2002.
6
3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.4.4 Providing special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities,systems and equipment.
3.4.6 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information furnished THIS DOCUMENT HAS IMPORTANT LEGAL
by the Owner. CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY 15 ENCOURAGED WITH RESPECT
3.4.8 Providing coordination of construction performed by separate contractors or by the TO ITS COMPLETION OR MODIFICATION.
Owner's own forces and coordination of services required in connection with construction AUTHENTICATION OF THIS ELECTRONICALLY
performed and equipment supplied by the Owner. DRAFTED AIA DOCUMENT MAY BE MADE
BY USING AIA DOCUMENT D401.
3.4.9 Providing services in connection with the work of a construction manager or separate
consultants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of material,equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services required for or in connection with
the selection,procurement or installation of furniture,furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant changes in the
Work made during construction based on marked-up prints,drawings and other data furnished
by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance,and consultation during operation. ,
3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or
in the absence of a final Certificate for Payment,more than 6o days after the date of Substantial
Completion of the Work. 01997 A,A®
AIA DOCUMENT 8151-1997
3.4.19 Providing services of consultants for other than architectural, structural, mechanical ABBREVIATED OWNER-ARCHITECT
and electrical engineering portions of the Project provided as a part of Basic Services. AGREEMENT
3.4.20 Providing any other services not otherwise included in this Agreement or not The American Institute of Architects
customarily furnished in accordance with generally accepted architectural practice. 1735 New York Avenue, N.W.Washington, D.C.20006-5292
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information in a timely manner regarding requirements
for and limitations on the Project, including a written program which shall set forth the
Copyright 1974, 1978, 1977, 1987, 0 1997 y The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. user Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/3112002.
7
Owner's objectives, schedule, constraints and criteria, including space requirements and
relationships, flexibility, expandability, special equipment, systems and site requirements. The
Owner shall furnish to the architect, within 15 days after receipt of a written request,
information necessary and relevant for the architect to evaluate, give notice of or enforce lien
rights.
4.2 The Owner shall establish and periodically update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable contingencies related
to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner's behalf
with respect to the Project.The Owner or such designated representative shall render decisions TH15 DOCUMENT HAS IMPORTANT LEGAL
in a timely manner pertaining to documents submitted by the Architect in order to avoid CONSEQUENCES.CONSULTATION WITH AN
unreasonable delay in the orderly and sequential progress of the Architect's services. ATTORNEY 15 ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations AUTHENTICATION OF THIS ELECTRONICALLY
and utility locations for the site of the Project, and a written legal description of the site. The DRAFTED AIA DOCUMENT MAY BE MADE
surveys and legal information shall include, as applicable, grades and lines of streets, alleys, BY USING AIA DOCUMENT D401.
pavements and adjoining property and structures;adjacent drainage;rights-of-way,restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both
public and private,above and below grade,including inverts and depths.All the information on
the survey shall be referenced to a Project benchmark.
4.5 The Owner shall furnish the services of geotechnical engineers when such services are
requested by the Architect. Such services may include but are not limited to test borings, test
pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,
ground corrosion tests and resistivity tests, including necessary operations for anticipating
subsoil conditions,with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in
Paragraph 4.5 when such services are requested by the Architect and are reasonably required by
the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and
water pollution; tests for hazardous materials; and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance services that may be
necessary at any time for the Project to meet the Owner's needs and interests. Such services —'
shall include auditing services the Owner may require to verify the Contractor's Applications
for Payment or to ascertain how or for what purposes the Contractor has used the money paid
by or on behalf of the Owner. {
4.9 The services, information,surveys and reports required by Paragraphs 4.4 through 4.8
shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the 1997 AAA®
accuracy and completeness thereof. AIA DOCUMENT 8151-1997
ABBREVIATED OWNER-ARCHITECT
4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes AGREEMENT
aware of any fault or defect in the Project, including any errors,omissions or inconsistencies in
the Architect's Instruments of Service. The American Institute of Architects
1735 New York Avenue, N.W.
ARTICLE 5 CONSTRUCTION COST Washington, D.C. 20006-5292
5.1 DEFINITION
Copyright 1974, 1978, 1977, 1987, 0 1997 by T e American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
8
5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not
completed, the estimated cost to the Owner of all elements of the Project designed or specified
by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or specially
,provided for by the Architect, including the costs of management or supervision of
construction or installation provided by a separate construction manager or contractor, plus a
reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and for changes in
the Work.
THIS DOCUMENT HAS IMPORTANT LEGAL
5.1.3 Construction Cost does not include the compensation of the Architect and the THIS DO MEET HAS IMPORTANT LEGAL
Architects consultants,the costs of the land,rights-of-way and financing or other costs that are ATTORNEY IS ENCOURAGED WITH RESPECT
the responsibility of the Owner as provided in Article 4. TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
5.2 RESPONSIBILITY FOR CONSTRUCTION COST DRAFTED AIA DOCUMENT MAY BE MADE
5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction BY USING AIA DOCUMENT 0401.
Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent
the Architect's judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of
labor,materials or equipment,over the Contractor's methods of determining bid prices,or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's
Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to
by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed
Limit has been agreed upon in writing and signed by the parties hereto. If 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,component systems and types of
construction are to be included in the Contract Documents,to make reasonable adjustments in
the scope of the Project and to include in the Contract Documents alternate bids as may be
necessary 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
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within go days after the
Architect submits the Construction Documents to the Owner,any Project budget or fixed limit
of Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) isr,' _ ,T
exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: :r�r.`'
.1 give written approval of an increase in such fixed limit; 01997 AIA®
AIA DOCUMENT 8151-1997
.2 authorize rebidding or renegotiating of the Project within a reasonable time; ABBREVIATED OWNER-ARCHITECT
AGREEMENT
.3 terminate in accordance with Paragraph 8.5;or The American Institute of Architects
1735 New York Avenue, N.W.
.4 cooperate in revising the Project scope and quality as required to reduce the Washington, D.C. 20006-5292
Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without
additional compensation, shall modify the documents for which the Architect ig responsible
Copyright 1974, 1978, 1977, 1987, m 1997 by T e American Institute of Arc rtects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3131/2002.
9
under this Agreement as necessary to comply with the fixed limit, if established as a condition
of this Agreement. The modification of such documents without cost to the Owner shall be the
limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be
entitled to compensation in accordance with this Agreement for all services performed whether
or not the Construction Phase is commenced.
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
6.1 Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of Service for use
solely with respect to this Project. The Architect and the Arrchitect's consultants shall be
deemed the authors and owners of their respective Instruments of Service and shall retain all
common law,statutory and other reserved rights,including copyrights.
THIS DOCUMENT HAS IMPORTANT LEGAL
6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive CONSEQUENCES.CONSULTATION WITH AN
license to reproduce the Architect's Instruments of Service solely for purposes of constructing, ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
using and maintaining the Project, provided that the Owner shall comply with all obligations, AUTHENTICATION OF THIS ELECTRONICALLY
including prompt payment of all sums when due, under this Agreement. The Architect shall DRAFTED AIA DOCUMENT MAY BE MADE
obtain similar nonexclusive licenses from the Architect's consultants consistent with this BY USING AIA DOCUMENT D401.
Agreement. Any termination of this Agreement prior to completion of the Project shall
terminate this license. Upon such termination, the Owner shall refrain from making further
reproductions of Instruments of Service and shall return to the Architect within seven days of
termination all originals and reproductions in the Owner's possession or control. If and upon
the date the Architect is adjudged in default of this Agreement, the foregoing license shall be
deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted
by law, to make changes, corrections or additions to the Instruments of Service solely for
purposes of completing,using and maintaining the Project.
6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be
deemed granted or implied under this Agreement. The Owner shall not assign, delegate,
sublicense,pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the Architect. However, the Owner shall be permitted to authorize
the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of the Work by license granted in Paragraph 6.2. Submission or distribution of
Instruments of Service to meet official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants.The Owner shall not use the Instruments
of Service for future additions or alterations to this Project or for other projects, unless the
Owner obtains the prior written agreement of the Architect and the Architect's consultants.
Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and =_
without liability to the Architect and the Architect's consultants.
6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic
form or the Owner providing to the Architect any electronic data for incorporation into the
Instruments of Service, the Owner and the Architect shall by separate written agreement set
forth the specific conditions governing the format of such Instruments of Service or electronic
data,including any special limitations or licenses not otherwise provided in this Agreement. 01997 AIA®
AIA DOCUMENT B151-1997
ARTICLE 7 DISPUTE RESOLUTION ABBREVIATED OWNER-ARCHITECT
7.1 MEDIATION AGREEMENT
7.1.1 Any claim, dispute or other matter in question arising out of or related to this The American Institute of Architects
Agreement shall be subject to mediation as a condition precedent to arbitration or the 1735 New York Avenue, N.W.
institution of legal or equitable proceedings by either party. If such matter relates to or is the Washington, D.C. 20006-5292
subject of a lien arising out of the Architect's services,the Architect may proceed in accordance
with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation or by arbitration.
Copyright 1974, 1978, 1977, 1987, by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
10
7.1.2 The Owner and \,rchitect shall endeavor to resolve claims,disputes and other matters
in question between them by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry mediation Rules of the American
Arbitration Association currently in effect. Request for mediation shall be filed in writing with
the other party to this Agreement and with the American Arbitration Association. The request
may be made concurrently with the filing of a demand for arbitration but, in such event,
mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall
be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a
longer period by agreement of the parties or court order.
7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements THIS DOCUMENT HAS IMPORTANT LEGAL
in any court having jurisdiction thereof. CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH RESPECT
7.2 ARBITRATION TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
7.2.1 Any claim, dispute or other matter in question arising out of or related to this DRAFTED AIA DOCUMENT MAY BE MADE
Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to BY USING AIA DOCUMENT D401.
resolve disputes by mediation in accordance with Paragraph 7.1.
7.2.2 Claims, disputes and other matters in question between the parties that are not
resolved by mediation shall be decided by arbitration which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect. The demand for arbitration shall be filed
in writing with the other party to this Agreement and with the American Arbitration
Association.
7.2.3 A demand for arbitration shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the demand for arbitration be
made after the date when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable statute of limitations.
7.2.4 No arbitration arising out of or relating to this Agreement shall include, by
consolidation or joinder or in any other manner, an additional person or entity not a party to
this Agreement, except by written consent containing a specific reference to this Agreement
and signed by the Owner, Architect, and any other person or entity sought to be joined.
Consent to arbitration involving an additional person or entity shall not constitute consent to
arbitration of any claim, dispute or other matter in question not described in the written
consent or with a person or entity not named or described therein.The foregoing agreement to
arbitrate and other agreements to arbitrate with an additional person or entity duly consented
to by parties to this Agreement shall be specifically enforceable in accordance with applicable
law in any court having jurisdiction thereof.
7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES
01997 AIA®
The Architect and Owner waive consequential damages for claims,disputes or other matters in AIA DOCUMENT 8151-1997
question arising out of or relating to this Agreement. This mutual waiver is applicable,without ABBREVIATED OWNER-ARCHITECT
limitation, to all consequential damages due to either party's termination in accordance with AGREEMENT
Article 8.
The American Institute of Architects
ARTICLE 8 TERMINATION OR SUSPENSION 1735 New York Avenue, N.W.
8.1 If the Owner fails to make payments to the Architect in accordance with this Washington, D.C. 20006-5292
Agreement, such failure shall be considered substantial nonperformance and cause for
termination or,at the Architect's option,cause for suspension of performance of services under
this Agreement. If the Architect elects to suspend services, prior to suspension of services, the
Copyright 1974, 1978, 1977, 1987, Q 1997 by The American Institute ot Architects. Reproduction oF t e
material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal,prosecution. This document
was electronically produced with permission of the AIA and can be reprodued in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/158001.AIA License Number 1101108,which expires on 3/31/2002.
11
Architect shall give seven days' written notice to the Owner. In the event of a suspension of
services, the Architect shall have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services. Before resuming services, the Architect shall be
paid all sums due prior to suspension and any expenses incurred in the interruption and
resumption of the Architect's services. The Architect's fees for the remaining services and the
time schedules shall be equitably adjusted.
8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the
Architect shall be compensated for services performed prior to notice of such suspension.
When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
THIS DOCUMENT HAS IMPORTANT LEGAL
8.3 If the Project is suspended or the Architect's services are suspended for more than go CONSEQUENCES.CONSUL TATIONWITHAN
consecutive days, the Architect may terminate this Agreement by giving not less than seven ATTORNEY IS ENCOURAGED WITH RESPECT
days'written notice. TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
DRAFTED AIA DOCUMENT MAY BE MADE
8.4 This Agreement may be terminated by either party upon not less than seven days' BY USING AIA DOCUMENT D401.
written notice should the other party fail substantially to perform in accordance with the terms
of this Agreement through no fault of the party initiating the termination.
8.5 This Agreement may be terminated by the Owner upon not less than seven days'
written notice to the Architect for the Owner's convenience and without cause.
8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination,together with Reimbursable Expenses
then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for the services of the
Agreement and include expenses directly attributable to termination for which the Architect is
not otherwise compensated, plus an amount for the Architect's anticipated profit on the value
of the services not performed by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 : his Sh4l be oQue;a°a lk"r tLe k,.r nF the nrinr;pal nlnra nF 6,cinacc nF the
k4 HIess ��� �� �?F0*4 @4 )rAi . This Agreement shall be subject to and
governed by the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit
Court of Kane County, Illinois. _
9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA
Document A2ot, General Conditions of the Contract for Construction,current as of the date of
this Agreement.
s+ 3
9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to
act shall be deemed to have accrued and the applicable statutes of limitations shall commence
to run not later than either the date of Substantial Completion for acts or failures to act 01997 AIA®
occurring prior to Substantial Completion or the date of issuance of the final Certificate for AIA DOCUMENT B151-1997
Payment for acts or failures to act occurring after Substantial Completion. In no event shall ABBREVIATED OWNER-ARCHITECT
such statutes of limitations commence to run any later than the date when the Architect's AGREEMENT
services are substantially completed.
The American Institute of Architects
1735 New York Avenue, N.W.
9.4 To the extent damages are covered by property insurance during construction, the Washington,D.C.20006-5292
Owner and Architect waive all rights against each other and against the contractors,
consultants, agents and employees of the other for damages, except such rights as they may
have to the proceeds of such insurance as set forth in the edition of AIA Document A2ot,
General Conditions of the Contract for Construction,current as of the date of this'.Agreement.
Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Repro uctlon 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
12
The Owner or the Architect, as appropriate, shall require of the contractors,consultants,agents
and employees of any of them similar waivers in favor of the other parties enumerated herein.
9.5 The Owner and Architect, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to an
institutional lender providing financing for the Project. In such event, the lender shall assume
the Owner's rights and obligations under this Agreement. The Architect shall execute all
consents reasonably required to facilitate such assignment.
9.6 This Agreement represents the entire and integrated agreement between the Owner THIS DOCUMENT HAS IMPORTANT LEGAL
and the Architect and supersedes all prior negotiations, representations or agreements, either CONSEQUENCES.CONSULTATION WITH AN
written or oral. This Agreement may be amended only by written instrument signed by both ATTORNEY IS ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
Owner and Architect. AUTHENTICATION OF THIS ELECTRONICALLY
DRAFTED AIA DOCUMENT MAY BE MADE
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a BY USING AIA DOCUMENT D401.
cause of action in favor of a third party against either the Owner or Architect.
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 exposure of persons to hazardous materials or toxic substances in any form at the
Project site.
9.9 The Architect shall have the right to include photographic or artistic representations
of the design of the Project among the Architect's promotional and professional materials.The
Architect shall be given reasonable access to the completed Project to make such
representations. However, the Architect's materials shall not include the Owner's confidential
or proprietary information if the Owner has previously advised the Architect in writing of the
specific information considered by the Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect in the Owner's promotional materials for the
Project.
9.10 If the Owner requests the Architect to execute certificates, the proposed language of
such certificates shall be submitted to the Architect for review at least 1.4 days prior to the
requested dates of execution. The Architect shall not be required to execute certificates that
would require knowledge,services or responsibilities beyond the scope of this Agreement.
ARTICLE 10 PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged
on the Project and the portion of the cost of their mandatory and customary contributions and
benefits related thereto, such as employment taxes and other statutory employee benefits, '
insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions.
10.2 REIMBURSABLE EXPENSES
01997 AIA®
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional AIA DOCUMENT 8151-1997
Services and include expenses incurred by the Architect and Architect's employees and ABBREVIATED OWNER-ARCHITECT
consultants directly related to the Project,as identified in the following Clauses: AGREEMENT
1 transportation in connection with the Project, authorized out-of-town travel and The American Institute of Architects
subsistence,and electronic communications; 1735 New York Avenue, N.W.
Washington,D.C.20006-5292
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
Copyright 1974, 1978, 1977, 1987, 1997 y The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
13
.3 reproductions, plots,standard form documents, postage, handling and delivery of
Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in
advance by the Owner;
.5 renderings,models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or
the expense of additional insurance coverage or limits requested by the Owner in
excess of that normally carried by the Architect and the Architect's consultants;
THIS DOCUMENT HAS IMPORTANT LEGAL
.7 reimbursable expenses as designated in Article r2; CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY 15 ENCOURAGED WITH RESPECT
.8 other similar direct Project-related expenditures. TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES DRAFTED AIA DOCUMENT MAY BE MADE
BY USING AIA DOCUMENT 0401.
"Agzeerueai.
10.3.2 Subsequent payments for Basic Services shall be made monthly and,where applicable,
shall be in proportion to services performed within each phase of service, on the basis set forth
in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph u.5.i of this
Agreement is exceeded or extended through no fault of the Architect, compensation for any
services rendered during the additional period of time shall be computed in the manner set
forth in Subparagraph u.3.2.
10.3.4 When compensation is based on a percentage of Construction Cost and any portions
of the Project are deleted or otherwise not constructed,compensation for those portions of the
Project shall be payable to the extent services are performed on those portions, in accordance
with the schedule set forth in Subparagraph 11.2.2, based on (i) the lowest bona fide bid or
negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for such portions of
the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses
shall be made monthly upon presentation of the Architect's statement of services rendered or
expenses incurred.
10.5 PAYMENTS WITHHELD
No deductions shall be made from the Architect's compensation on account of penalty, ii'ar:a
liquidated damages or other sums withheld from payments to contractors,or on account of the
cost of changes in the Work other than those for which the Architect has been adjudged to be
liable. 01997 Ai"®
AIA DOCUMENT 6151-1997
10.6 ARCHITECT'S ACCOUNTING RECORDS ABBREVIATED OWNER-ARCHITECT
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services AGREEMENT
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be The American Institute of Architects
available to the Owner or the Owner's authorized representative at mutually convenient times. 1735 New York Avenue, N.W.
Washington,D.C. 20006-5292
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
14
C
11.2 BASIC COMPENSATION
11.2.1 For Basic Services, as described in Article 2, and any other services included in Article
12 as part of Basic Services,Basic Compensation shall be computed as follows:
(Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which
particular methods of compensation apply,if necessary.)
A fixed fee of$6,420.00
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: THIS DOCUMENT HAS IMPORTANT LEGAL
(Insert additional phases as appropriate.) CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH RESPECT
Schematic Design Phase: 1.42.00 percent( 10 %) TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS ELECTRONICALLY
Design Development Phase: J• percent( %) DRAFTED AIA DOCUMENT MAY BE MADE
Construction Documents Phase: i30 percent(,'�O %) BY USING AIA DOCUMENT D401.
Bidding or Negotiation Phase: z AO percent(10 %)
Construction Phase: ---+ percent( %)
Total Basic Compensation: one hundred percent(ioo%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2,
compensation shall be computed as follows:
11.3.2 For Additional Services of the Architect, as described in Articles 3 and i2, 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 basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which particular
methods ofcompensation apply,ifnecessary.)
Additional services to be performed by the ARCHITECT shall not be performed
without written approval by the OWNER under such terms and conditions as may be
agreed by the parties hereto.
11.3.3 For Additional Services of Consultants, including additional structural, mechanical
and electrical engineering services and those provided under Subparagraph 3.4.19 or identified —�
in Article 12 as part of Additional Services, a multiple of _(_) times the amounts billed
to the Architect for such services.
(Identify specific types ofconsuitants in Article u,ifrequired.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of_( _) times the expenses incurred by AIA'DOCUMENT 8151-1997
the Architect,the Architect's employees and consultants directly related to the Project. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within The American Institute of Architects
twelve (12 ) months of the date hereof, through no fault of the Architect, extension of the 1735 New York Avenue, N.W.
Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 Washington, D.C. 20006-5292
and u.3.2.
Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3/31/2002.
15
11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's
invoice. Amounts unpaid thiRV ( 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.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or
modifications,and also regarding requirements such as written disclosures or waivers.)
11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in THIS DOCUMENT HAS IMPORTANT LEGAL
accordance with the normal salary review practices of the Architect. CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH RESPECT
ARTICLE 12 OTHER CONDITIONS OR SERVICES TO ITS COMPLETION OR MODIFICATION.
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and AUTHENTICATION OF THIS ELECTRONICALLY
modifications to the payment and compensation terms included in this Agreement.) DRAFTED AIA DOCUMENT MAY BE MADE
This agreement may be terminated in the sole discretion of the OWNER after the BY USING AIA DOCUMENT D401.
schematic 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 unforeseeable
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 reement entered into as of the day and year first written above.
0 ER ( gnature) A . gnal/ure)
-To LC PA, PA 12 KL 62 c t` r� �wws � NOW17fimucic .��.
(Printed name and title) //)1 N 14 (Printed name and title)
T,
AF
511
®1997 AIA®
AIA DOCUMENT B151-1997
ABBREVIATED OWNER-ARCHITECT
AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C.20006-5292
Copyright 1974, 1978, 1977, 1987, Q 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AIA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. User Document: 11_13_15 s grove2.aia-
-3/15/2001.AIA License Number 1101108,which expires on 3131/2002.
16
Agenda Item No. k4
i City of Elgin g
January 24, 2001 •17`'�
TO: Mayor and Member of the City Council ALIVE DOWNTOWN
FROM: Joyce A. Parker, City Manager
SUBJECT: RFP No. 00-130 Architectural Services for a Facade
Improvement Project at 11-13-15 North 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 project at 11-13-15
North Grove Avenue .
BACKGROUND
Upon receipt of an application for Facade Improvement Program
participation for the property at 11-13-15 North Grove Avenue, a
Request for Proposals was sent to firms to provide architectural
services and an ad was placed in the November 13, 2000 Courier
News . Under the Facade Improvement Program, architectural services
are paid by the City. Services include design and cost estimates,
preparation of construction documents, assistance with bidding and
construction oversight . The property owner proposes to rehabilitate
the facade of the building, addressing such items as masonry
tuckpointing, restoration of architectural features and windows and
doors .
The architect will work with staff and the property owner, Fritz
Gross, d.b. a. Gasthaus Zur Linde, Inc. , to develop the building
design. Further services provided will be contingent upon City
Council approval of the project, costs associated with identified
improvements, and a Facade Improvement Program Agreement being
executed.
Two firms responded to the Request for Proposals . A tabulation
sheet of bids is attached. The firm demonstrating the desired
expertise and submitting the lowest fee for services was Cone, Kalb
& Wonderlick, of Chicago, IL. The architect has prior experience
with the City' s Facade Improvement Program.
Facade Improvement Program - 11-13-15 North Grove Avenue
January 24, 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
f This program, funded in account number 350-0000-795-78 . 99, has a
2001 budget of $82, 000 . Last year, however, the program obligated
$27, 900 over the budgeted amount . This difference will be offset
against this year' s budget. Therefore, $54 , 100 is available for
2001 Rehab grants .
The fixed fee for providing the architectural services associated
with a facade project at 11-13-15 North Grove Avenue is $6, 420 . 00 .
sufficient funds for this expenditure are available in account
number 350-0000-795 . 78-99, Downtown Redevelopment Fund, Rehab
Grants .
LEGAL IMPACT
j I` A contract will need to be prepared.
ALTERNATIVES
1 . Approve the proposal by Cone, Kalb & Wonderlick to provide
architectural services for a facade improvement project at 11-
13-15 North Grove Avenue.
2 . Reject the proposal by Cone, Kalb & Wonderlick to provide
architectural services for a facade improvement project at 11-
13-15 North Grove Avenue.
RECOMMENDATION
It is recommended that the proposal by Cone, Kalb & Wonderlick for
architectural services at a fixed fee of $6, 420 . 00 be approved.
Respectfully submitted,
Joyce A. Parker
City Manager
Attachment
11-13-15 North Grove Avenue
ARCHITECTURAL SERVICES
FIRM BID
1 . Berna Architects $7, 099 . 00
221 DuPage Street
Elgin, IL 60120
2 . Cone/Kalb/Wonderlick $6, 420 . 00
730 West Randolph Street
Chicago, IL 60661