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02-231
Resolution No. 02-231 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BERNA ARCHITECTS & DESIGN FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (213 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim 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 Berna Architects & Design for architectural services under the Facade Improvement Program for the property located at 213 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 26, 2002 Adopted: June 26, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement, made and entered into this day of 2002, by and between the CITY OF ELGIN, an Illinois m ni ipal corporation (hereinafter referred to as the "City") and Berna Architects & Design (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 213 East Chicago Street, Elgin, Illinois; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior facade of the building at East Chicago Street to include restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, canopy treatments 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 Attachment A. 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 B151- 1997) , attached hereto as Attachment A, 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 213 East Chicago Street to include restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, canopy treatments and restoration of exterior architectural features . The terms and scope of work for the architect services shall be as set forth in Attachment A attached hereto. For services provided by the Architect pursuant to this Agreement the City shall pay the Architect the lump sum of $6, 985 . 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 forth in the attached Attachment A is hereby amend to provide as follows : 1 "This Agreement shall be subject to and 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 Sections 2 .6 . 8, 4 . 10 , Article 7 in its entirety, as well as Sections 10 . 3 . 1 and 11 . 1 as set forth in the attached Attachment A are hereby deleted in their entirety. 5 . That in the event of a conflict between this form agreement and Attachment A 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 City na er Bernaokrchitects & Design 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 in the year 2002 (In words,indicate day,month and year) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN BETWEEN the Architect's client identified as the Owner: ATTORNEY 15 ENCOURAGED WITH RESPECT (Name,address and other information) . TO ITS COMPLETION OR MODIFICATION. The Citl(of Elgin a municipal corporation AUTHENTICATION OF THIS ELECTRONICALLY (hereinafter referred to as"OWN ER") DRAFTED AIA DOCUMENT MAY BE MADE 150 Dexter Court BY USING AIA DOCUMENT D401. Elgin, IL 60120 and the Architect: (Name,address and other information) Berna Architects& Design an Illinois professional corporation (hereinafter referred to as"ARCHITECT) 221 DuPage Street Elgin, IL 60120 For the following Project: (Include detailed description of Project) Improvements to the existing structures on the property at 213 East Chicago Street. Improvement on the exterior facade of the building including restoring the storefronts to their original configuration mason[y cleaning tuckpointing window and door - replacement.exterior lighting canopy treatments 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 required for the Owner's review and for approval of submissions by authorities having 01997 AIA® jurisdiction over the Project. Time limits established by this schedule approved by the Owner AIA DOCUMENT 8151-1997 shall not,except for reasonable cause,be exceeded by the Architect or Owner. ABBR E IATED OWNER-ARCHITECT 1.3 The Architect shall designate a representative authorized to act on behalf of the The American Institute of Architects Architect with respect to the Project. 1735 New York Avenue, N.W. Washington,D.C.20006-5292 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph m5a. O 1974, 1978,1977,1987,Q 1997 by The American Institute ot Architects.Reproduction ot the material here—in 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. expiration as noted below. User Document: 97b15loa berna 213 a chicago.aia--6/17/2002.AIA License Number 1101108,which expires on 3/30/2003. 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 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 THIS DOCUMENT HAS IMPORTANT LEGAL and construction budget requirements,each in terms of the other,subject to the limitations set CONSEQUENCES.CONSULTATION WITH AN forth in Subparagraph 5.2.1. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 2.2.3 The Architect shall review with the Owner alternative approaches to design and AUTHENTICATION OF THIS ELECTRONICALLY construction of the Project. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design 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 ti 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 between the Owner and Contractor. ®i99' Ain® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary AGREEMENT estimates of Construction Cost indicated by changes in requirements or general market conditions. The American Institute of Architects 1735 New York Avenue,N.W. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for Washington,D.C.20006-5292 filing documents required for the approval of governmental authorities having jurisdiction over the Project. Copyright 1974, 1978, 1977, 1987, O 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: 97b15loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 2 2.5 BIDDING OR NEGOTIATION PHASE 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 Payment or 6o days after the date of Substantial Completion of the Work. TH15 DOCUMENT HAS IMPORTANT LEGAL 2.6.2 The Architect shall provide administration of the Contract for Construction as set CONSEQUENCES.CONSULTATION WITHAN forth below and in the edition of AIA Document A2oi,General Conditions of the Contract for ATTORNEY 1.5 ENCOURAGED WITH RESPECT Construction, current as of the date of this Agreement, unless otherwise provided in this TO ITS COMPLETION OR MODIFICATION. Agreement. Modifications made to the General Conditions, when adopted as part of the AUTHENTICATION OF THIS ELECTRONICALLY Contract Documents,shall be enforceable under this Agreement only to the extent that they are DRAFTED AIA DOCUMENT MAY BE MADE consistent with this Agreement or approved in writing by the Architect. 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, (1) 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 Contractors rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract t 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 Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or 01997 AIA® charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors, AIA DOCUMENT 8151-1997 or their agents or employees, or of any other persons or entities performing portions of the ABBREVIATED OWNER-ARCHITECT Work. AGREEMENT 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation The American Institute of Architects 1735 New York Avenue,N.W. or progress. Washington, D.C.20006-5292 2-44 €xfept-as ethenvi been specially autkerized,4he Owner-shall endea;=e-te EefamuniEate-&ith 4he Centraeter- Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute ot Architects. Reproduction ot 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:97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 3 t13r9�fg13 4he A�zacikc« t fna4ers aF353ng-et4-ef 6P�g to vvcv�nci r AFEhAeet's eensultants shall be through the Architect. 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. THIS DOCUMENT HAS IMPORTANT LEGAL The foregoing representations are subject (i) to an evaluation of the Work for conformance CONSEQUENCES.CONSULTATION WITHAN with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests ATTORNEY IS ENCOURAGED WITH RESPECT and inspections, (3) to correction of minor deviations from the Contract Documents prior to TO ITS COMPLETION OR MODIFICATION. completion,and(4)to specific qualifications expressed by the Architect. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the BY USING AIA DOCUMENT D401. Architect has (i) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material 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. 01997 AIA® AIA DOCUMENT 8151-1997 2.6.12 If professional design services or certifications by a design professional related to ABBREVIATED OWNER-ARCHITECT systems, materials or equipment are specifically required of the Contractor by the Contract AGREEMENT Documents,the Architect shall specify appropriate performance and design criteria that such The American Institute of Architects services must satisfy. Shop Drawings and other submittals related to the Work designed or 1735 New York Avenue,N.W. certified by the design professional retained by the Contractor shall bear such professional's Washington,D.C. 20006-5292 written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals. Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot 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:97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 4 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 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 THIS DOCUMENT HAS IMPORTANT LEGAL requirements of the Contract Documents. CONSEOUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 2.6.15 The Architect shall interpret and decide matters concerning performance of the TO ITS COMPLETION OR MODIFICATION. Owner and Contractor under, and requirements of, the Contract Documents on written AUTHENTICATION OF THIS ELECTRONICALLY request of either the Owner or Contractor. The Architect's response to such requests shall be DRAFTED AIA DOCUMENT MAY BE MADE made in writing within any time limits agreed upon or otherwise with reasonable promptness. BY USING AIA DOCUMENT D401, 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 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 tom 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 01997 AIA® Architect shall have no obligation to provide those services. AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES AGREEMENT 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying The American Institute of Architects 1735 New York Avenue, N.W. out such additional on-site responsibilities. Washington,D.C.20006-5292 3.2.2 Project Representatives shall be selected,employed and directed by the Architect,and the Architect shall be compensated therefor as agreed by the Owner and Architect.The duties, responsibilities and limitations of authority of Project Representatives shall be as described in Copyright-i974, 1978, 1977, 1987, O 1997 y The American Institute ot 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:97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 5 the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 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: .1 inconsistent with approvals or instructions previously given by the Owner, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN including revisions made necessary by adjustments in the Owner's program or ATTORNEY 1.5 ENCOURAGED WITH RESPECT Project budget; TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY .2 required by the enactment or revision of codes,laws or regulations subsequent to DRAFTED AIA DOCUMENT MAY BE MADE the preparation of such documents;or BY USING AIA DOCUMENT D401. .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 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 'LW or deficiencies in the Work of the Contractor,or by failure of performance of either the Owner or Contractor under the Contract for Construction. t A 3.3.7 Providing services in evaluating an extensive number of claims submitted by the3• � Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing,a dispute resolution proceeding 01997 AIA® or a legal proceeding except where the Architect is party thereto. AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in AGREEMENT connection with bidding, negotiation or construction prior to the completion of the The American Institute of Architects Construction Documents Phase. 1735 New York Avenue, N.W. 3.4 OPTIONAL ADDITIONAL SERVICES Washington,D.C.20006-5292 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute of Architects. Repro uctlon o 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:97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 6 3.4.2 Providing financial feasibility or other special studies. 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 3.4.7 Providing services to verify the accuracy of drawings or other information furnished ATTORNEY IS ENCOURAGED WITH RESPECT by the Owner. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 3.4.8 Providing coordination of construction performed by separate contractors or by the DRAFTED AIA DOCUMENT MAY BE MADE Owner's own forces and coordination of services required in connection with construction BY USING AIA DOCUMENT D401. performed and equipment supplied by the Owner. 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, t , adjusting and balancing, preparation of operation and maintenance manuals, trainingf. ; 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 01997 AIA® in the absence of a final Certificate for Payment,more than 6o days after the date of Substantial AIA DOCUMENT 8151-1997 Completion of the Work. ABBREVIATED OWNER-ARCHITECT AGREEMENT 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot 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:97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 7 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 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 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN with respect to the Project.The Owner or such designated representative shall render decisions ATTORNEY IS ENCOURAGED WITH RESPECT in a timely manner pertaining to documents submitted by the Architect in order to avoid TO ITS COMPLETION OR MODIFICATION. unreasonable delay in the orderly and sequential progress of the Architect's services. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations BY USING AIA DOCUMENT D401. and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, 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 W��'r by or on behalf of the Owner. ®1997 AIA® 4.9 The services,information, surveys and reports required by Paragraphs 4.4 through 4.8 AIA DOCUMENT 8151-1997 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the ABBREVIATED OWNER-ARCHITECT accuracy and completeness thereof. AGREEMENT 440 AfEhitect if The American Institute of Architects 1735 New York Avenue, N.W.is of ineensistenEies in the hit t' t • s ,fSe . ' ' Washington,D.C.20006-5292 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION Copyright 1974, 1978, 1977, 1987, ® 1 97 by The American Institute ot Architects. Reproduction ot 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: 97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 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. 5.1.3 Construction Cost does not include the compensation of the Architect and the THIS DOCUMENT HAS IMPORTANT LEGAL Architect's consultants,the costs of the land,rights-of--way and financing or other costs that are CONSEQUENCES.CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT the responsibility of the Owner as provided in Article 4. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TH15 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 D401. 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 90 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) is .' exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: ��''� - .1 give written approval of an increase in such fixed limit; ®1997 AIA® AIA DOCUMENT B151-1997 .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 .4 cooperate in revising the Project scope and quality as required to reduce the 1735 New York Avenue,N.W. Construction Cost. Washington,D.C.20006-5292 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 is responsible Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute ot Architects. Reproduction ot 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:97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 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 Architect'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 CONSEQUENCES.CONSULTATION WITH AN 6.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive ATTORNEY IS ENCOURAGED WITH RESPECT license to reproduce the Architect's Instruments of Service solely for purposes of constructing, TO ITS COMPLETION OR MODIFICATION. using and maintaining the Project, provided that the Owner shall comply with all obligations, AUTHENTICATION OF THI5 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 8151-1997 ARTICLE 7 DISPUTE RESOLUTION ABBREVIATED OWNER-ARCHITECT 74 MEDIATION AGREEMENT 7-.44 Ai+y Elaim, dispute-eF e4he matter 4a question ar-1sing-ou4-of-eF rela#ed 4e 4his-The American Institute of Architects men}-shaH-be subject-te mediatien-as-a condition preeedent 4e ar-bitr-atien-eF-the-1735 New York Avenue,N.W. 'ings 4f�13 matter relateS40-OF 94he-Washington,D.C.20006-5292 �en�f4egal��ritable r-^-==---a-� �y� g Y.-Ah applicable 4e cenplj'•,:+1�z h the lien net3Ee or filing deadlines W Matt F by inediatieft OF by ar-bitr-afieft. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot 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:9716151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 10 744 The Owner- ' A hit a�Txde a r vx,o rcovx r c cxaxno disputes and othe ate T in-qaestien. between thent-13y mediatien which, unless-the pa#ies mutually agree ethep"c- shall-be-in aefer.'ance itl3-the Genstrde ien indust Mediation Risks-o€4he Amer-irzan- Arbltr-atlen Asseeiatien eument -in effeet.Request —.lcdaalinn Q 1.all be filed in 'sing.4th- theed F +� �t .. -.� A - A b +' A tier The r-e.,.�eri._ -vmci-��arr'Tz° 1 nflay-be made eneu -fling-of-a demand 4ef arbitratien-but;-in-sueh event,- mediatien shail pr-eEeed in advance ef aFbitFafi0fi or-legal eF equitable pr-orzeedings,whieh shah be stayed pending-mediation fe e ef filing, l ea F-a 74:3 -The paFties bare he Yrxxediaer-'s fee —any—filing—fees equally. -mediation- shall-be-weld 4n-the-ph-&e Nvher-e-the VrejeEt 4s leEated, unless anetheF leeatien-is ffiffl-+tuall,- agFeed Agreementsr-eaehed4n mediation situ$bezxxrorEeable�s a �mgr.}} - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN EeuFt having jurisdiction theFeef ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 74 ARBITRATION AUTHENTICATION OF THIS ELECTRONICALLY 7-.2-.4 Aay Maim,dispute-or- etweF FnatteF-in question arising-eut-ef-of related-to 4his-DRAFTED AIA DOCUMENT MAY BE MADE Agteenient-,haa}l-be subjeet4e ar-hi#rAlien r-iep-}e arbi#r-atien,4he-parties shA endeaveF-te-BY USING AIA DOCUMENT D401. feselve disputes by mediation in aEEerdanr;e with Paragraph 7-.+.— 7.44 Claims disputes-and etweF Fnatter-s-in questien between 4he-parties-twat-are-net- reselved*mediatien decided*arbitratien whiEh, unless he paFties inutuall agree- otheF^•4se,-shall-be-in accerdaiwe-with-the Genstruetien indust arbitration Rules-of 4he- American Arbi tratien AsseEiatienfurrentl -in effea. demand for in w icing with-the ether-party-4o 4wis Agreement-and-with-the American Arbitration- Assec-iation. 74. 3 A deliand-fer arbitratien shall-be made within-a r-easenable#ime-aftef 4he Elaim,,- dispute ether fnattef-in question has arisen..4n-rte event shaa the demand fef-afbitratien-be- made-aftef4he-date when institution-of-legal-efequitable pfeeeedings based Taint,= dispute or-ether-matter-in question weuld be baffed by the applieable statute of limitatiefts. 7-.1.4 No afbitfatien arising -out -of-ef _r Latin 4e -this Agreement -shall inelade, - eenselidatien efjeinde -in-any ether manner-, additional persen ef-entity-net-a-pafty4e- this Agr-eefnent{eceep`tT-13y"tten Eensent�enta�i�nLing- speE�exe renEe-te4his-Agfeement- and-signed* •L_ OwneF, A••T mhitea,-and� Vthe peFSeR-ef sought 4e-be jein�- Eensent-te�fbitratieIt32C Y-enti a.+..a, a involving-an-additional-person-ef�ntitj=�wall�3et�rsxrr��.se=n4e- afbitfaiien of-and claim,, dispute-ef ethef ntattef-in question-net described-in 4he N:fitten- afbitrate and ether agfeements4e arbitrate wi4h an additional persen ef-entity-duly Eensented- te*paAies4e ris Agfeement shall-be speei€Eallefeeable4n-aEEerdaiiee-with-applieable- 7-.2-.5 The award fendefed*4he arbitrate arbitratefs judgment-may-w,� 74 CLAIMS FOR rCONScnrUENTlrec DAMAGES ®1997 AIA® AIA DOCUMENT 8151-1997 question ar-ising eut ef er-r-elating te this Agreement.This mutual waiver-is 'V4thEll It ABBREVIATED OWNER-ARCHITECT limits tien,4e-all censequential damages due4e either-par4t!terminatio AGREEMENT At#iEle-S. 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, 0 1997 by The American Institute ot 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:97bl5loa berna 213 e chicago.aia--6111/2002.AIA License Number 1101108,which expires on 3/30/2003. 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 TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT consecutive days, the Architect may terminate this Agreement by giving not less than seven TO ITS COMPLETION OR MODIFICATION. days written notice. 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 s9} T'his _eemen shall-be gevemed*the4aw-ekhe pr_ifle-ipal_plaee-ef ess of the AfEhiteEt, unless-ediefwise pr-evided4n AFtiele rr This aareement 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 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 A2oi,General Conditions of the Contract for Construction,current as of the date of this Agreement. 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 6151-1997 ABBREVIATED OWNER-ARCHITECT Payment for acts or failures to act occurring after Substantial Completion. In no event shall AGREEMENT such statutes of limitations commence to run any later than the date when the Architect's 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 A2oi, General Conditions of the Contract for Construction,current as of the date of this Agreement. Copyright—i974, 1978, 1977, 1987, O 1997-by The American Institute ot Architects. Reproduction ot 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:97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 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 Owner and Architect. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 9.7 Nothing ontained in this Agreement shall create a contractual relationship with or a DRAFTED AIA DOCUMENT MAY BE MADE g g P 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 14 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, w, insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional 01997 AIA® 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, O 1997—by The American Institute of Arc Itects. Reproduction ot 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:97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 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 12; CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS 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. 10.3.1 An initial payment see# er{k4n PaFagEaphii-l4s4he P efit unde BY USING AIA DOCUMENT D401. Agseefnent. 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 11.5.1 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 11.3.2. 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 (1) 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 ti. ,■ No deductions shall be made from the Architect's compensation on account of penalty, .,�ri 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 AIA® AIA DOCUMENT 8151-1997 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. ARTICLE 11 BASIS OF COMPENSATION Washington, D.C.20006-5292 The Owner shall compensate the Architect as follows: Copyright 1974, 1978, 1977, 1987, ® 1997 by The American Institute ot Architects. Repro action o 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: 97b151oa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 14 4.4 An Aitial Paynwnf of Dollars(s ) shall be made upon exeeutien of this Affeefflent and Er-edited te the Owner-'s acEeunt at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply,if necessary.) A fixed fee of$6.985.00 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: $ 1.537.00 percent(22 %) TO ITS COMPLETION OR MODIFICATION. Design Development Phase: $ 1.327.00 percent( 19 %) AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE Construction Documents Phase: $2,235.00 percent(32 %) BY USING AIA DOCUMENT D401. Bidding or Negotiation Phase: $ 629.00 percent(9 %) Construction Phase: $ 1.257.00 percent( 18 %) 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 12, other than (i) 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 of compensation 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 M�_ in Article 12 as part of Additional Services,a multiple of _(_)times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article u,ifrequired.) ti 'a �, ,Aw 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 the 01997 AIA® Architect,the Architect's employees and consultants directly related to the Project. AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 11.5 ADDITIONAL PROVISIONS AGREEMENT 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 11.3.2. 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: 97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 15 11.5.2 Payments are due and payable M ( 30 ) days from the date of the Architect's invoice. Amounts unpaid M( 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 ofinterest 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 accordance with the normal salary review practices of the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITHAN ARTICLE 12 OTHER CONDITIONS OR SERVICES ATTORNEY IS ENCOURAGED WITH RESPECT (Insert descriptions of other services, identify Additional Services included within Basic Compensation and TO ITS COMPLETION OR MODIFICATION. modifications to the payment and compensation terms included in this Agreement.) AUTHENTICATION OF THIS ELECTRONICALLY This agreement may be terminated in the sole discretion of the OWNER after the DRAFTED AIA DOCUMENT MAY BE MADE schematic phase as provided herein has been completed upon seven (7)days written BY USING AIA DOCUMENT D401. 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 Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHIT (Signature) C-17-0-6 C �NA Q.�Cillrlt'cc'r — (Printed name and title) (Printed name and title) s•�s�' ®1997 AIA® AIA DOCUMENT 8151-1997 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, O 1997-by The American Institute ot Architects. Repro uctlon o 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:97bl5loa berna 213 e chicago.aia--6/11/2002.AIA License Number 1101108,which expires on 3/30/2003. 16 � City of Elgin Agenda Item No. �tl iloo i ii fi : . q fl June 7, 2002 ` TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, Interim City Manager SUBJECT: Architectural Services for the Facade Improvement Project at 213 East Chicago Street 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 213 East Chicago Street . BACKGROUND A Request for Proposal was advertised in the May 14, 2002 Courier News and sent to 26 firms to provide architectural services. Under the amended Facade Improvement Program, architectural services are paid by the City. Services include design and cost estimates, preparation of construction documents and specifications, assistance with bidding and construction oversight . The property owner, Mr. Craig Bakstad proposes to rehabilitate the existing facades of the buildings, addressing such items as restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting and canopy treatments. The architect will work with staff and the property owner to develop the design for the restoration of the existing facade. Any further services provided by the architect will be contingent upon City Council approval of the project, costs associated with identified improvements, and a Facade Improvement Program Agreement being executed. Only one firm responded to the Request for Proposals. A tabulation sheet of bids is attached. The firm that submitted the proposal, Berna Architects & Design in Elgin, demonstrated the desired expertise and experience to provide the required services. The architect has experience with the City' s Facade Improvement Program. Facade - 213 E. Chicago Street June 7, 2002 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. �/JL FINANCIAL IMPACT The fixed fee for providing the architectural services from Berna Architects and Design for restoring the facade at 213 E. Chicago Street is $6, 985 . 00 . Account number 350-0000-795 .78-99, Riverboat Rehabilitation Grant, project number 079818 will be charged. The total budget in the Center City Facade Improvement Program is $130, 500 . To date, $45, 649. 00 has been spent or encumbered in this account . There are sufficient funds in this account to fund the architect' s services. EGAL IMPACT VWV A contract between the City of Elgin and architect will need to be prepared authorizing architectural services for the rehabilitation of the existing facades at 213 E. Chicago Street . ALTERNATIVES 1 . Approve the proposal by Berna Architects & Design to provide architectural services to restore the facade on the building at 213 E. Chicago Street for a fee of $6, 985 . 00 . 2 . Reject the proposal by Berna Architects & Design to provide architectural services for the facade improvement project at 213 E. Chicago Street . RECOMMENDATION It is recommended that the City Council approve the proposal by Berna Architects & Design to provide architectural services to restore the facade on the building at 213 E. Chicago Street for a fee of $6, 985 . 00 . Respectfully submitted, Olufemi F arin Interi ty ager SBS/sm Attachments Facade - 213 E. Chicago Street . June 7, 2002 Page 3 Attachment A 213 E. Chicago Street Potential scope. of work on facades Front facade: 1. 2nd story exterior masonry cleaning and repointing: Exterior masonry to be cleaned on the 2nd story. Note: Sandblasting of brick masonry or high pressure washing with water (at pressures of 600 p.s. i . or more) is not permitted. Tuckpointing to be carried out only where necessary. Caulking of joints between the windows and masonry. Retain brick masonry in natural finish. Note: Sealing the brick masonry with a waterproof sealer is not permitted, as it will cause the brick to spall during the freeze-thaw cycle. 2 . Existing Cornice (pressed metal) Remove excess peeling paint from cornice. Repair material where necessary (if portions are too deteriorated to repair, duplicate and replace deteriorated portion) Prime and Paint cornice. 3 . 2ad Story windows: Install new aluminum windows. Note, windows should be built to fit the original size of the opening exactly. Proposed windows are double hung windows. 4. Street level Storefronts: The original storefront material and configuration potentially exists under the non-original cladding. In some cases, the configuration is visible. Remove any non original features like T-111 Siding, plywood, vinyl awnings, and any other cladding material over the original storefront . Repair existing uncovered storefront, and restore any cast iron features. If bulkheads are found to be in deteriorated condition, then rebuild in wood. Some transoms may contain prism glass (4 11x4" colored prism glass) which must be stabilized, repaired and reused. Stiffening bars may be installed behind the prism glass panels for additional stability. 5. Signage Remove existing non-original. material, T-111 siding or awnings, from the sign band and install new signage. (After removal of siding from facade, check for evidence and Facade - 213 E. Chicago Street June 7, 2002 Page 4 location of original signage on the building) . New signage to be installed in accordance with the zoning regulations for downtown signage (size, material, location, etc. ) 6. Awnings: Install new awnings above storefronts where desired. Awnings to be fabric awnings . Rear fagade: 1 . Repair/replace existing shed roof addition at lower level, stairway and landing, and reconstruct new rear stairway and landing to allow for egress for apartment above. 2 . Replace windows and doors on rear elevation. Windows to be aluminum double hung windows and door may be of the steel security type. 3 . Repoint, patch and repaint exterior masonry/plaster surfaces on rear elevation. ARCHITECTUAL SERVICES FOR 213 E CHICAGO ST TABULATION OF BIDS CITY OF ELGIN Berna Architects & Design 221 DuPage Street Invitation No: RFP#02-064 Elgin IL 60120 Date of Opening: May 24, 2002 Department: Planning Item # Description I AMOUNT I AMOUNT AMOUNT 1 Architectural services for 213 E Chicago St(Fagade Improvement Project) $6,985.00 Delivery promise ARO 9 weeks Prompt Payment Discount