Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
05-72
Resolution No. 05-72 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHALES MCNUTT LLC FOR DESIGN AND BUILDING SERVICES FOR THE FULTON STREET PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Ed Schock,Mayor,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Shales McNutt LLC for design and building services for the Fulton Street Parking Deck, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 9, 2005 Adopted: March 9, 2005 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r ' City of Elgin Agenda Item No. AM it{ � . March 4, 2005 ,sou k TO: Mayor and Members of the City Council Sri FINANCIALLY STABLE CITY GOVERNMENT FROM: Olufemi Folarin, City Manager EFFICIENT SERVICES. AND QUALITY INFRASTRUCTURE Dave Lawry, P.E., General Sery ces Manager SUBJECT: Fulton Street Parking Deck—Award of Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an award for the Fulton Street Parking Deck Project. RECOMMENDATION It is recommended that City Council award the subject project to Shales McNutt Construction in the amount of$8,673,800 and authorize staff to execute the necessary contracts. BACKGROUND At it's meeting on December 15, 2004, the City Council authorized staff to enter into negotiations with Shales McNutt Construction (SMC) for the design and construction of a new parking deck to be located at 245 Fulton Street The design concept for the deck was presented to Council at its January 26, 2005, meeting. The deck will be rectangular with its long axis oriented in an east-west direction along Fulton Street The deck will have four levels with 504 parking stalls. A stair tower will be provided in the northwest corner for access to Fulton Street and in the southeast corner to provide access to Prairie Street The appearance of the decks exterior will be brick with a varying "roof' line to give the appearance of a row of different buildings. The deck openings will have varying treatments to give the impression of different window styles. The proposed surface parking lot to the southeast of the deck is not included in the subject contract. Staff is currently negotiating the final cost with SMC for construction of the lot. Also, the acquisition of the Turner Property is being finalized. Once a contract is approved by Council, an amendment to SMC's contract will be presented. The total cost to design and build the deck ($8,673,800) includes $67,000 for the construction of a 36 inch storm sewer on the parking deck property and $8,800 for additional soil borings. The storm sewer is part of a combined sewer separation project. This sewer needs to be installed in conjunction with the deck construction due to its close proximity to the deck. The additional soil Fulton Street Parking Deck—Award of Contract March 4, 2005 Page 2 borings were needed to determine the final depth and type of footings needed to support the deck. A copy of the design/build contract is attached as Exhibit A. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. F NANCIAL IMPACT The contract with Shales McNutt Construction totals $8,673,800. A total of$10.542 million is budgeted for this project with approximately $800,000 spent/encumbered to date. Funding for the subject project is budgeted and available from the following accounts Fund Account Number/Description Amount 275-0000-795.92-36, Riverboat Buildings/Structures,Project 039528 $2,211,000 276-0000-791.92-36, Riverboat Lease Buildings/Structures, Project 039528 2,000,000 384-0000-795.92-36, 2004 G. O. Bond Project Buildings/Structures, Project 039528 5,500,000 399-4200-795.92-41, Sewer Operating Capital Distribution System, Project 039528 $ 67,000 TOTAL $9,778,000 Additionally the surface parking lot will need to be constructed at an estimated cost of$365,000. This expense is not included in the Shales Mc Nutt contract price. WI/EGALIMPACT The proposed agreement requires an exception to the procurement ordinance. ALTERNATIVES 1. Award the contract to SMC. 2. Do not award the contract to SMC. Respectfully submitted for Council consideration. (do) Attachment AIA Document A191 TM - 1996 Part 2 Standard Form of Agreement Between Owner and Design/Builder Part 2 Agreement TABLE OF ARTICLES PART 2 AGREEMENT ADDITIONS AND DELETIONS: 1. GENERAL PROVISIONS The author of this document 2. OWNER has added information 3. DESIGNIBUILDER needed for its completion. 4. TIME The author may also have 5. PAYMENTS revised the text of the 6. PROTECTION OF PERSONS AND PROPERTY original AIA standard form. 7. INSURANCE AND BONDS An Additions and Deletions 8. CHANGES IN THE WORK Report that notes added 9. CORRECTION OF WORK information as well as 10. DISPUTE RESOLUTION—MEDIATION AND ARBITRATION revisions to the standard 11. MISCELLANEOUS PROVISIONS form text is available from 12. TERMINATION OF THE AGREEMENT the author and should be reviewed. 13. BASIS OF COMPENSATION 14. OTHER CONDITIONS AND SERVICES This document has important legal consequences. AGREEMENT made as of the Ninth day of March in the year of Two Thousand and Consultation with an Five attorney is encouraged with respect to its completion or modification. BETWEEN the Owner: City of Elgin 150 Dexter Cour Elgin,IL 60120 and the Design/Builder: Shales McNutt Construction 425 Renner Drive Elgin,IL 60123 For the following Project: ELECTRONIC COPYING of any portion of this AIA Document Fulton Street Parking Deck-Elgin,Illinois to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of The architectural services described in Article 3 will be provided by the following person this document. or entity who is lawfully licensed to practice architecture: AIA Document A191's' - 1996 Part 2. Copyright m 1985, 1996 by The American Institute of Architects. All rights reserved. - .. This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. (1897216796) User Notes: Name and address Registration Number Relationship to Design/Builder FGM, Inc. 184-000350 None Normal structural,fnechanieal and elect ieal engineering services will be provided contractually through the Architect exeept as indieated below: Mechanical electrical and civil design services will be provided as follows: Name,address and discipline Registration Number Relationship to Design/Builder Plumbing—F. J. Bero 055-001036 None Sprinkler—S.J. Carlson FSC000074 None Electrical—Associated Electrical Contractors 062-049722 None Site/Civil—V3 Construction Group 062-054021 None The Owner and the Design/Builder agree as set forth below. AIA Document A191" - 1996 Part 2. Copyright 0 1985, 1996 by The American Institute of Architects. All rights reserved. - 2 This draft was produced b 04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and y AIA software at 10.05. is not for resale. (1847216796) User Notes: TERMS AND CONDITIONS—PART 2 AGREEMENT ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement,the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section 3.2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a written amendment to this Part 2 Agreement signed by both parties,or a Construction Change Directive issued by the Owner in accordance with Section 8.3. §1.1.2 The term"Work" means the construction and services provided by the Design/Builder to fulfill the Design/Builder's obligations. §1.2 EXECUTION,CORRELATION AND INTENT §1.2.1 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. §1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law,the Design/Builder shall notify the Owner in writing.Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law. §1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder. §1.3 OWNERSHIP AND USE OF DOCUMENTS §1.3.1 Drawings,specifications,and other documents and electronic data furnished by the Design/Builder are instruments of service.The Design/Builder's Architect and other providers of professional services shall retain all common law,statutory and other reserved rights, including copyright in those instruments of service furnished by them. Drawings, specifications,and other documents and electronic data are furnished for use solely with respect to this Part 2 Agreement.The Owner shall be permitted to retain copies, including reproducible copies,of the drawings,specifications,and other documents and electronic data furnished by the Design/Builder for information and reference in connection with the Project except as provided in Sections 1.3.2 and 1.3.3. §1.3.2 Drawings,specifications,and other documents and electronic data furnished by the Design/Builder shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others,except by agreement in writing and with appropriate compensation to the Design/Builder,unless the Design/Builder is adjudged to be in default under this Part 2 Agreement or under any other subsequently executed agreement. §1.3.31f the Design/Builder defaults in the Design/Builder's obligations to the Owner,the Architect shall grant a license to the Owner to use the drawings,specifications,and other documents and electronic data furnished by the Architect to the Design/Builder for the completion of the Project,conditioned upon the Owner's execution of an agreement to cure the Design/Builder's default in payment to the Architect for services previously performed and to indemnify the Architect with regard to claims arising from such reuse without the Architect's professional involvement. §1.3.4 Submission or distribution of the Design/Builder's documents 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 rights reserved in Section 1.3.1. AIA Document A191" - 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. 3 This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. (1847216796) User Notes: ARTICLE 2 OWNER §2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall render decisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may obtain independent review of the Contract Documents by a separate architect,engineer,contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work. §2.2 The Owner may appoint an on-site project representative to observe the Work and to have such other responsibilities as the Owner and Design/Builder agree in writing. §2.3 The Owner shall cooperate with the Design/Builder in securing building and other permits, licenses and inspections.The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the Design/Builder's Proposal. §2.4 The Owner shall furnish services of land surveyors,geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under the Part 1 Agreement, when such services are deemed necessary by the Design/Builder to properly carry out the design services required by this Part 2 Agreement. §2.5 The Owner shall disclose,to the extent known to the Owner,the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical,air and water pollution;hazardous materials; or other environmental and subsurface conditions.The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site. §2.6 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Design/Builder's Applications for Payment. §2.7 Those services, information, surveys and reports required by Sections 2.4 through 2.6 which are within the Owner's control shall be furnished at the Owner's expense,and the Design/Builder shall be entitled to rely upon the accuracy and completeness thereof,except to the extent the Owner advises the Design/Builder to the contrary in writing. §2.8 If the Owner requires the Design/Builder to maintain any special insurance coverage,policy, amendment,or rider,the Owner shall pay the additional cost thereof,except as otherwise stipulated in this Part 2 Agreement. §2.9 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Design/Builder's Proposal or the Construction Documents,the Owner shall give prompt written notice thereof to the Design/Builder. §2.10 The Owner shall,at the request of the Design/Builder,prior to execution of this Part 2 Agreement and promptly upon request thereafter,furnish to the Design/Builder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. §2.11 The Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder,unless otherwise directed by the Design/Builder. ARTICLE 3 DESIGN/BUILDER §3.1 SERVICES AND RESPONSIBILITIES §3.1.1 Design services required by this Part 2 Agreement shall be performed by qualified architects and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder. §3.1.2 The agreements between the Design/Builder and the persons or entities identified in this Part 2 Agreement, and any subsequent modifications,shall be in writing.These agreements, including financial arrangements with respect to this Project,shall be promptly and fully disclosed to the Owner upon request. AIA Document A191" — 1996 part 2. Copyright O 1985, 1996 by The American Institute of Architects. A11 rights reserved. - 4 This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §3.1.3 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees,and other persons, including the Architect and other design professionals,performing any portion of the Design/Builder's obligations under this Part 2 Agreement. §3.2 BASIC SERIVICES §3.2.1 The Design/Builder's Basic Services are described below and in Article 14. §3.2.2 The Design/Builder shall designate a representative authorized to act on the Design/Builder's behalf with respect to the Project. §3.2.3 The Design/Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents may include drawings,specifications,and other documents and electronic data setting forth in detail the requirements for construction of the Work,and shall: .1 be consistent with the intent of the Design/Builder's Proposal; .2 provide information for the use of those in the building trades; and .3 include documents customarily required for regulatory agency approvals. §3.2 4 The Design/Builder,with the assistance of the Owner, shall file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. §3.2.5 Unless otherwise provided in the Contract Documents,the Design/Builder shall provide or cause to be provided and shall pay for design services,labor,materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.2.6 The Design/Builder shall be responsible for all construction means,methods,techniques, sequences and procedures,and for coordinating all portions of the Work under this Part 2 Agreement. §3.2.7 The Design/Builder shall keep the Owner informed of the progress and quality of the Work. §3.2.8 The Design/Builder shall be responsible for correcting Work which does not conform to the Contract Documents. §3.2.9 The Design/Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the construction will be free from faults and defects,and that the construction will conform with the requirements of the Contract Documents. Construction not conforming to these requirements,including substitutions not properly approved by the Owner,shall be corrected in accordance with Article 9. §3.2.10 The Design/Builder shall pay all sales,consumer,use and similar taxes which had been legally enacted at the time the Design/Builder's Proposal was first submitted to the Owner,and shall secure and pay for building and other permits and governmental fees,licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of a contract for construction or are legally required at the time the Design/Builder's Proposal was first submitted to the Owner. §3.2.11 The Design/Builder shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities relating to the Project. §3.2.12 The Design/Builder shall pay royalties and license fees for patented designs,processes or products. The Design/Builder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a required design,process or product is an infringement of a patent,the Design/Builder shall be responsible for such loss unless such information is promptly furnished to the Owner. AIA Document A191" — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §3.2.13 The Design/Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the Design/Builder shall remove from the site waste materials,rubbish,the Design/Builder's tools,construction equipment,machinery, and surplus materials. §3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes that the Work or an agreed upon portion thereof is substantially completed. If the Owner concurs,the Design/Builder shall issue a Certificate of Substantial Completion which shall establish the Date of Substantial Completion,shall state the responsibility of each party for security,maintenance,heat,utilities,damage to the Work and insurance,shall include a list of items to be completed or corrected and shall fix the time within which the Design/Builder shall complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance with provisions of Article 10. §3.2.15 The Design/Builder shall maintain at the site for the Owner one record copy of the drawings, specifications, product data,samples,shop drawings,Change Orders and other modifications, in good order and regularly updated to record the completed construction. These shall be delivered to the Owner upon completion of construction and prior to final payment. §3.3 ADDITIONAL SERVICES §3.3.1 The services described in this Section 3.3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Part 2 Agreement, in addition to the compensation for Basic Services.The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by the Owner. §3.3.2 Making revisions in drawings,specifications,and other documents or electronic data when such revisions are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or electronic data. §3.3.3 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. §3.3.4 Providing services in connection with a public hearing,arbitration proceeding or legal proceeding,except where the Design/Builder is a party thereto. §3.3.5 Providing coordination of construction performed by the Owner's own forces or separate contractors employed by the Owner,and coordination of services required in connection with construction performed and equipment supplied by the Owner. §3.3.6 Preparing a set of reproducible record documents or electronic data showing significant changes in the Work made during construction. §3.3.7 Providing assistance in the utilization of equipment or systems such as preparation of operation and maintenance manuals,training personnel for operation and maintenance,and consultation during operation. ARTICLE 4 TIME §4.1 Unless otherwise indicated,the Owner and the Design/Builder shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. §4.2 Time limits stated in the Contract Documents are of the essence.The Work to be performed under this Part 2 Agreement shall commence upon receipt of a notice to proceed unless otherwise agreed and,subject to authorized Modifications,Substantial Completion shall be achieved on or before the date established in Article 14. §4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. AIA Document A191e — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. A11 rights reserved. - J.This draft was produced .. software. t :: 10/2 „ -.er _. 6 _ .. duced by AIA software at 10 05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. (1847216796) user Notes: §4.4 Based on the Design/Builder's Proposal,a construction schedule shall be provided consistent with Section 4.2 above. §4.5 If the Design/Builder is delayed at any time in the progress of the Work by an act or neglect of the Owner, Owner's employees,or separate contractors employed by the Owner, or by changes ordered in the Work,or by labor disputes, fire,unusual delay in deliveries,adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the Design/Builder's control,or by delay authorized by the Owner pending arbitration,or by other causes which the Owner and Design/Builder agree may justify delay,then the Contract Time shall be reasonably extended by Change Order. ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for Payment in such detail as indicated in Article 14. §5.1.2 Within ten(10)days of the Owner's receipt of a properly submitted and correct Application for Payment,the Owner shall make payment to the Design/Builder. §5.1.3 The Application for Payment shall constitute a representation by the Design/Builder to the Owner that the design and construction have progressed to the point indicated,the quality of the Work covered by the application is in accordance with the Contract Documents,and the Design/Builder is entitled to payment in the amount requested. §5.1.4 Upon receipt of payment from the Owner,the Design/Builder shall promptly pay the Architect,other design professionals and each contractor the amount to which each is entitled in accordance with the terms of their respective contracts. §5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be responsible in any way for payment to the Architect,another design professional or a contractor performing portions of the Work. §5.1.6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. §5.1.7 The Design/Builder warrants that title to all construction covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design/Builder further warrants that upon submittal of an Application for Payment all construction for which payments have been received from the Owner shall be free and clear of liens,claims, security interests or encumbrances in favor of the Design/Builder or any other person or entity performing construction at the site or furnishing materials or equipment relating to the construction. §5.1.8 At the time of Substantial Completion,the Owner shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work. §5.2 FINAL PAYMENTS §5.2.1 Neither final payment nor amounts retained, if any,shall become due until the Design/Builder submits to the Owner: (1)an affidavit that payrolls,bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered(less amounts withheld by the Owner)have been paid or otherwise satisfied; (2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner; (3)a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4)consent of surety, if any,to final payment; and(5)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims, security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner. If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner,the Design/Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made,the AIA Document A191m — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. - .. This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys'fees incurred as a result of such lien. §5.2.2 When the Work has been completed and the contract fully performed,the Design/Builder shall submit a final application for payment to the Owner,who shall make final payment within 30 days of receipt. §5.2.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens,claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. §5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment. §5.3 INTEREST PAYMENTS §5.3.1 Payments due the Design/Builder under this Part 2 Agreement which are not paid when due shall bear interest from the date due at the rate specified in Article 13,or in the absence of a specified rate,at the legal rate prevailing where the Project is located. ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY §6.1 The Design/Builder shall be responsible for initiating,maintaining and providing supervision of all safety precautions and programs in connection with the performance of this Part 2 Agreement. §6.2 The Design/Builder shall take reasonable precautions for the safety of,and shall provide reasonable protection to prevent damage, injury or loss to: (1)employees on the Work and other persons who may be affected thereby;(2) the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care, custody,or control of the Design/Builder or the Design/Builder's contractors;and(3)other property at or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal relocation or replacement in the course of construction. §6.3 The Design/Builder shall give notices and comply with applicable laws,ordinances, rules,regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss. §6.4 The Design/Builder shall promptly remedy damage and loss(other than damage or loss insured under property insurance provided or required by the Contract Documents)to property at the site caused in whole or in part by the Design/Builder,a contractor of the Design/Builder or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable. ARTICLE 7 INSURANCE AND BONDS §7.1 DESIGN/BUILDER'S LIABILITY INSURANCE §7.1.1 The Design/Builder shall purchase from and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,such insurance as will protect the Design/Builder from claims set forth below which may arise out of or result from operations under this Part 2 Agreement by the Design/Builder or by a contractor of the Design/Builder,or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers'compensation,disability benefit and other similar employee benefit laws that are applicable to the Work to be performed; .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Design/Builder's employees; .3 claims for damages because of bodily injury,sickness or disease,or death of persons other than the Design/Builder's employees; .4 claims for damages covered by usual personal injury liability coverage which are sustained(1)by a person as a result of an offense directly or indirectly related to employment of such person by the Design/Builder or(2)by another person; AIA Document A191" - 1996 Part 2. Copyright O 1985, 1996 by The American Institute of Architects. All rights reserved. - - 8 _., This draft was produced by AIA software at 10.05.04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. (1847216796) User Notes: .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance applicable to the Design/Builder's obligations under Section 11.5. §7.1.2 The insurance required by Section 7.1.1 shall be written for not less than limits of liability specified in this Part 2 Agreement or required by law,whichever coverage is greater. Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. §7.1.3 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner immediately after execution of this Part 2 Agreement. These Certificates and the insurance policies required by this Section 7.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment,an additional certificate evidencing continuation of such coverage shall be submitted with the application for final payment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable promptness in accordance with the Design/Builder's information and belief. §7.2 OWNER'S LIABILITY INSURANCE §7.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally,the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under this Part 2 Agreement.The Design/Builder shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. §7.3 PROPERTY INSURANCE §7.3.1 Unless otherwise provided under this Part 2 Agreement,the Owner shall purchase and maintain, in a company or companies authorized to do business in the jurisdiction in which the principal improvements are to be located,property insurance upon the Work to the full insurable value thereof on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required by this Section 7.3 to be insured,whichever is earlier. This insurance shall include interests of the Owner,the Design/Builder,and their respective contractors and subcontractors in the Work. §7.3.2 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including,without duplication of coverage,theft, vandalism,malicious mischief,collapse,falsework,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for the services and expenses of the Design/Builder's Architect and other professionals required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. §7.3.3 If the Owner does not intend to purchase such property insurance required by this Part 2 Agreement and with all of the coverages in the amount described above,the Owner shall so inform the Design/Builder prior to commencement of the construction.The Design/Builder may then effect insurance which will protect the interests of the Design/Builder and the Design/Builder's contractors in the construction,and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Design/Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as de-scribed above,then the Owner shall bear all reasonable costs properly attributable thereto. §7.3.4 Unless otherwise provided,the Owner shall purchase and maintain such boiler and machinery insurance required by this Part 2 Agreement or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner. This insurance shall include interests of the Owner,the Design/Builder, the Design/Builder's contractors and subcontractors in the Work,and the Design/Builder's Architect and other design professionals. The Owner and the Design/Builder shall be named insureds. AIA Document A191" - 1996 Part 2. Copyright 0 1985, 1996 by The American Institute of Architects. A11 rights reserved. - 9 This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §7.3.5 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 7.3.10.The Design/Builder shall pay contractors their shares of insurance proceeds received by the Design/Builder,and by appropriate agreement,written where legally required for validity,shall require contractors to make payments to their subcontractors in similar manner. §7.3.6 Before an exposure to loss may occur,the Owner shall file with the Design/Builder a copy of each policy that includes insurance coverages required by this Section 7.3. Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Design/Builder. §7.3.7 If the Design/Builder requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy,the Owner shall, if possible,obtain such insurance,and the cost thereof shall be charged to the Design/Builder by appropriate Change Order. §7.3.8 The Owner and the Design/Builder waive all rights against each other and the Architect and other design professionals,contractors,subcontractors,agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 7.3 or other property insurance applicable to the Work,except such rights as they may have to proceeds of such insurance held by the Owner as trustee. The Owner or Design/Builder,as appropriate,shall require from contractors and subcontractors by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated in this Section 7.3.The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. §7.3.9 If required in writing by a party in interest,the Owner as trustee shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or in accordance with an arbitration award in which case the procedure shall be as provided in Article 10. If after such loss no other special agreement is made,replacement of damaged Work shall be covered by appropriate Change Order. §7.3.10 The Owner as trustee shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing,within five(5)days after occurrence of loss to the Owner's exercise of this power; if such objection be made,the parties shall enter into dispute resolution under procedures provided in Article 10. If distribution of insurance proceeds by arbitration is required,the arbitrators will direct such distribution. §7.3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Design/Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall not,without mutual written consent,take any action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of coverage. §7.4 LOSS OF USE OF INSURANCE §7.4.1 The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Design/Builder for loss of use of the Owner's property, including consequential losses due to fire or other hazards,however caused. ARTICLE 8 CHANGES IN THE WORK §8.1 CHANGES §8.1.1 Changes in the Work may be accomplished after execution of this Part 2 Agreement, without invalidating this Part 2 Agreement,by Change Order,Construction Change Directive,or order for a minor change in the Work, subject to the limitations stated in the Contract Documents. AIA Document A191s' — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. A11 rights reserved. .. .. .. .. r.: ,.,: . This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §8.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder;a Construction Change Directive may be issued by the Owner without the agreement of the Design/Builder;an order for a minor change in the Work may be issued by the Design/Builder alone. §8.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Design/Builder shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive,or order for a minor change in the Work. §8.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or the Design/Builder,the applicable unit prices shall be equitably adjusted. §8.2 CHANGE ORDERS §8.2.1 A Change Order is a written instrument prepared by the Design/Builder and signed by the Owner and the Design/Builder,stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment, if any,in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. §8.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects not to proceed with the change,a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for estimating services,design services or preparation of proposed revisions to the Contract Documents. §8.3 CONSTRUCTION CHANGE DIRECTIVES §8.3.1 A Construction Change Directive is a written order prepared and signed by the Owner,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both. §8.3.2 Except as otherwise agreed by the Owner and the Design/Builder,the adjustment to the Contract Sum shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the Contract Sum,the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be limited to the following: .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers'compensation insurance; .2 costs of materials,supplies and equipment, including cost of transportation,whether incorporated or consumed; .3 rental costs of machinery and equipment exclusive of hand tools,whether rented from the Design/Builder or others; .4 costs of premiums for all bonds and insurance permit fees,and sales,use or similar taxes; .5 additional costs of supervision and field office personnel directly attributable to the change; and fees paid to the Architect,engineers and other professionals. §8.3.3 Pending final determination of cost to the Owner,amounts not in dispute may be included in Applications for Payment.The amount of credit to be allowed by the Design/Builder to the Owner for deletion or change which results in a net decrease in the Contract Sum will be actual net cost.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. §8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. AIA Document A191's - 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. - This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §8.4 MINOR CHANGES IN THE WORK §8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and construction consistent with the intent of the Contract Documents when such minor changes do not involve adjustment in the Contract Sum or extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in writing,of minor changes in the Construction Documents and construction. §8.5 CONCEALED CONDITIONS §8.5.1 If conditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents,or(2)unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim by either party made within 21 days after the claimant becomes aware of the conditions. §8.6 REGULATORY CHANGES §8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or revisions of codes,laws or regulations subsequent to the submission of the Design/Builder's Proposal. ARTICLE 9 CORRECTION OF WORK §9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be defective or failing to conform to the requirements of the Contract Documents,whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including additional testing and inspections. §9.2 If,within one(1)year after the date of Substantial Completion of the Work or, after the date for commencement of warranties established in a written agreement between the Owner and the Design/Builder,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Design/Builder shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Design/Builder a written acceptance of such condition. §9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one(1)year as described in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work. §9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents,the Owner,by written order signed personally or by an agent specifically so empowered by the Owner in writing,may order the Design/Builder to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities. §9.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven(7)days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may give a second written notice to the Design/Builder and,seven(7)days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have,correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder,the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction,the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10. AIA Document A191- — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. 12 . - This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) ARTICLE 10 DISPUTE RESOLUTION—MEDIATION AND ARBITRATION §10.1 Claims,disputes or other matters in question between the parties to this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof shall be subject to and decided by mediation or arbitration. Such mediation or arbitration shall be conducted in accordance with the Construction Industry Mediation or Arbitration Rules of the American Arbitration Association currently in effect. §10.2 In addition to and prior to arbitration,the parties shall endeavor to settle disputes by mediation. Demand for mediation shall be filed in writing with the other party to this Part 2 Agreement and with the American Arbitration Association. A demand for mediation 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 mediation 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 statutes of repose or limitations. §10.3 Demand for arbitration shall be filed in writing with the other party to this Part 2 Agreement and with the American Arbitration Association. 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 statutes of repose or limitations. §10.4 An arbitration pursuant to this Article may be joined with an arbitration involving common issues of law or fact between the Design/Builder and any person or entity with whom the Design/Builder has a contractual obligation to arbitrate disputes.No other arbitration arising out of or relating to this Part 2 Agreement shall include,by consolidation,joinder or in any other manner,an additional person or entity not a party to this Part 2 Agreement or not a party to an agreement with the Design/Builder,except by written consent containing a specific reference to this Part 2 Agreement signed by the Owner,the Design/Builder and any other person or entities 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 the parties to this Part 2 Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §10.5 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. ARTICLE 11 MISCELLANEOUS PROVISIONS §11.1 Unless otherwise provided,this Part 2 Agreement shall be governed by the law of the place where the Project is located. §11.2 SUBCONTRACTS §11.2.1 The Design/Builder,as soon as practicable after execution of this Part 2 Agreement,shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project. §11.3 WORK BY OWNER OR OWNER'S CONTRACTORS §11.3.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of insurance and waiver of subrogation identical to the provisions of this Part 2 Agreement. If the Design/Builder claims that delay or additional cost is involved because of such action by the Owner,the Design/Builder shall assert such claims as provided in Section 11.4. §11.3.2 The Design/Builder shall afford the Owner's separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design/Builder's construction and operations with theirs as required by the Contract Documents. §11.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. AIA Document A191's — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. , 13 ., This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §11.4 CLAIMS FOR DAMAGES §11.4.1 If either party to this Part 2 Agreement suffers injury or damage to person or property because of an act or omission of the other party,of any of the other party's employees or agents,or of others for whose acts such party is legally liable,written notice of such injury or damage,whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance.The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing. §11.5 INDEMNIFICATION §11.5.1 To the fullest extent permitted by law,the Design/Builder shall indemnify and hold harmless the Owner, Owner's consultants,and agents and employees of any of them from and against claims,damages, losses and expenses, including but not limited to attorneys'fees,arising out of or resulting from performance of the Work, provided that such claim,damage, loss or expense is attributable to bodily injury,sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself)including loss of use resulting therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable,regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 11.5. §11.5.2 In claims against any person or entity indemnified under this Section 11.5 by an employee of the Design/Builder,anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable,the indemnification obligation under this Section 11.5 shall not be limited by a limitation on amount or type of damages,compensation or benefits payable by or for the Design/Builder under workers'compensation acts,disability benefit acts or other employee benefit acts. §11.6 SUCCESSORS AND ASSIGNS §11.6.1 The Owner and Design/Builder,respectively,bind themselves,their partners, successors,assigns and legal representatives to the other party to this Part 2 Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 2 Agreement.Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other.The Owner may assign this Part 2 Agreement to any institutional lender providing construction financing, and the Design/Builder agrees to execute all consents reasonably required to facilitate such an assignment. If either party makes such an assignment,that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement, unless otherwise agreed by the other party. §11.7 TERMINATION OF PROFESSIONAL DESIGN SERVICES §11.7.1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement,the Design/Builder shall identify to the Owner in writing another architect or other design professional with respect to whom the Owner has no reasonable objection,who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated. §11.8 EXTENT OF AGREEMENT §11.8.1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/Builder and supersedes prior negotiations,representations or agreements,either written or oral. This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder. ARTICLE 12 TERMINATION OF THE AGREEMENT §12.1 TERMINATION BY THE OWNER §12.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days'written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs,the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials,equipment,tools,and construction equipment and machinery,including reasonable profit and applicable damages. §12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement,the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults,failure AIA Document A191- — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. - - -.. c 14 _ This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) or neglect within seven(7)days after being given notice,the Owner may then give a second written notice and,after an additional seven(7)days,the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder and take possession of the site and of all materials,equipment,tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner,such excess shall be paid to the Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance,the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement. §12.2 TERMINATION BY THE DESIGN/BUILDER §12.2.1 If the Owner fails to make payment when due,the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment within seven (7)days after receipt of such notice by the Owner,the Design/Builder may give a second written notice and,seven (7)days after receipt of such second written notice by the Owner,may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment,tools,and construction equipment and machinery, including reasonable profit and applicable damages. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below. §13.1 COMPENSATION §13.1.1 For the Design/Builder's performance of the Work,as described in Section 3.2 and including any other services listed in Article 14 as part of Basic Services,the Owner shall pay the Design/Builder in current funds the Contract Sum as follows: Parking Deck Facility(1/31/05 letter) $8,665,000.00 Supplementary Terracon Report as per amendment paragraph 6 8,800.00 TOTAL $-8,(W13/$o0.°-=- §13.1.2 For Additional Services,as described in Section 3.3 and including any other services listed in Article 14 as Additional Services,compensation shall be as follows: Negotiated at time of occurrence. §13.2 REIMBURSABLE EXPENSES §13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services,and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project,as follows: §13.2.2 FOR REIMBURSABLE EXPENSES,compensation shall be a multiple of One and six hundredths ( 1.06 )times the amounts expended. §13.3 INTEREST PAYMENT §13.3.1 The rate of interest for past due payments shall be as follows: ( )monthly ARTICLE 14 OTHER CONDITIONS AND SERVICES §14.1 The Basic Services to be performed shall be commenced as of the date of this contract and,subject to authorized adjustments and to delays not caused by the Design/Builder,Substantial Completion shall be achieved by 12/31/05. §14.2 The Basic Services beyond those described in Article 3 are as follows: N/A AIA Document A191s' — 1996 Part 2. Copyright ® 1995, 1996 by The American Institute of Architects. All rights reserved. - This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) §14.3 Additional Services beyond those described in Article 3 are as follows: N/A §14.4 The Design/Builder shall submit an Application for Payment on the last day of each month. §14.5 The Design/Builder's Proposal includes the following documents: Proposal breakdown letter dated 1/31/05 for the parking structure. Amendment to AIA Document A191 — 1996 Part 2 Second Amendment to AIA Document A191 — 1996 Part 2 Third Amendment to AIA Document A 191 — 1996 Part 2 AoY%e►ldrheP%t- .b A=A Doc,,-,-e,,,+ A1°(1-1-91(o Title Date This Agreement entered into as of the day and year first written above. OWNER DESIGNIB ILDER (Signature) (Signature) pp (Printed name and title) (Printed name and title) AIA Document A191" — 1996 Part 2. Copyright ® 1985, 1996 by The American Institute of Architects. All rights reserved. 16 . This draft was produced by AIA software at 10:05:04 on 02/10/2005 under Order No.1000159864_1 which expires on 2/2/06, and is not for resale. User Notes: (1847216796) shales ra nutt 425 RBMP." DI'I1'e. E1gm. 1[ U12" P) ,>Pi4 62:-i7i,i G' 'Jy ' j !L-�'I ® 111 rfiKiP�..,i[�. January 31, 2005 Mr. Steve Pertzborn, P.E. Senior Engineer City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Re: Fulton Street Parking Structure January 20, 2005 Proposal Breakdown Dear Steve, Per your request, attached is our breakdown for the $8,665,000.00 pricing contained within my letter to Dave Lawry dated January 20, 2005. As discussed, we look forward to discussing this breakdown with you after the permit review meeting this Wednesday @ 1:30pm. If you have any questions, please give me a call. Sincerely, John Shales Shales McNutt Construction Fulton Street Parking Structure Shales McNutt Construction January 20, 2005 Proposal Breakdown Description Amount Percent Supervision- $ 221,600 2.56% General Conditions- $ 268,641 3.10% Bonds/Insurance- $ 135,000 1.56% Public/Site Utilities- $ 87,815 1.02% City Storm Sewer Extension (alternate)- $ 67,000 .77% Landscaping- $ 20,000 .23% Site/Building Demolition $ 92,384 1.07/o Excavation/Site Improvements- $ 275,026 3.17% Deep Foundations- $ 515,000 5.94% Site/Building Concrete- $ 917,395 10.59% Pre-cast Concrete- $3,607,301 41.63% Masonry- $ 60,000 .69% Structural Steel/Misc. Metals- $ 122,735 1.42/o Miscellaneous Damp-proofing/Sealants- $ 16,795 .19% Roofing- $ 15,000 .17% Doors/Frames/Hardware/Windows- $ 114,356 1.32% Tile/Paint/Specialties- $ 189,727 2.19% Elevators- $ 187,142 2.16% Fire Protection- $ 26,856 .31% Plumbing- $ 192,088 2.22% Electrical- $ 515,785 5.95% Overhead/Profit/Fee- $ 520,000 6.00% Civil/Structural/Architectural Design Fees- $ 497,354 5.74% Proposal Total $8,665,000.00 100% INVOICE irerracon REMIT TO: Terracon Consultants, Inc. 135 Ambassador Invoice Number: 1189187 Naperville, IL 60540-3955 (630) 717-4263 Terracon Consultants, Inc. PO Box 931277 Kansas City MO 64193-1277 Steve Hendrickson Shales McNutt Construction 425 Renner Drive Federal E.I.N. 42-1249917 Elgin IL 60123 Project Number: 11055005 RE: Fulton Street Parking Garage Invoice Date: 1/26/2005 245 &247 Fulton Street Customer PO: Elgin IL Project Manager: Clauson, Ronald L. For Period: From 1/9/2005 to 1129/2005 Quantity Description Unit Price Total 120.00 Additional Drilling to reach Bedrock $20.00/Foot $?1400.00 Geotechnical Exploration for Drilling 320 ft. Total /6,400.00 00.00 ~ 20 T We accept MasterCard,VISA and Discover. Please call (913) 599-6886 Ext.337 with your credit card information. Terms: Total invoice amount due upon receipt of invoice. Accounts not paid within 30 days after invoice date are subject to 1.5% per month late charge. ORIGINAL CSR LB DATE(MIWDDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE SHAMC-1 03/01/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lundstrom Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 645 Tollgate Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Elgin IL 60123 NAIC# Phone: 847-741-1000 Fax:847-741-1715 INSURERS AFFORDING COVERAGE INSURED INSURER Cincinnati Insurance Co 10677 INSURER B. CNA Insurance Companies 20443 INSURER C Shales, McNutt LLC 425 Renner NSURER D Elgin IL 60123 NsuRERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER DATE(MWDDIYY) DATE(MWDDIYY) LIMBS LTR NSR TYPE OF INSURANCE EACH OCCURRENCE $1,000,000 GENERAL LIABILITY $500,000 A X COMMERCIAL GENERAL LIABILITY CPP0733152 07/01/04 07/01/05 PREMISES(Eaoccurence) CLAIMS MADE X�OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 . GENL AGGREGATE LIMIT APPLIES PER. POLICY X PRO- POLICY M LOC COMBINED SINGLE LIMIT $1,000,000 AUTOMOBILE LIABILITY A X ANY AUTO CPP0733152 07/01/04 07/01/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ X (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE $10,0 OO,OOO EXCESS/UMBRELLA LIABILITY j� X OCCUR ❑CLAIMS MADE CCC4486526 07/01/04 07/01/05 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $O X TORY LIMITS ER WORKERS COMPENSATION AND A EMPLOYERS'LIABILITY WC8992524 07/01/04 07/01/05 E.L.EACHACCIDENT $ 100000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.DISEASE-EA EMPLOYEE $ 100000 OFFICERMI MBER EXCLUDED? E.L DISEASE-POLICY LIMIT $5000 00 If yes.describe under SPECIAL PROVISIONS below OTHER B Prof Liability CPE254107361 05/01/04 05/01/05 Limit 1,000,000 A Lease & Rent Equip CPP0733152 07/01/04 07/01/05 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Fulton Street Parking Deck, Elgin IL The City of Elgin is included as additional insured on a primary and non contributory basis under the commerical general liability coverage. CERTIFICATE HOLDER CANCELLATION ELGINCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Elgin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 150 Dexter Ct REPRESENTATIVES. Elgin IL 60120 AUTHORIZED SENTATNE AC - ATION 1988 ACORD 25(2001108) AMENDMENT TO AIA DOCUMENT A191 - 1996 PART 2 AIA Document A191 - 1996 Part 2 (the "Agreement" is amended as follows. This amendment shall take precedence over any conflict or inconsistency between it and the Agreement . 1 . Bottom of page 1 and the beginning of page 2 , the person or entity named on page 2 who will be providing architectural services is form, is hereinafter referred to as "Architect" in the agreement . 2 . Paragraph 1 . 1 . 1, the reference to Part I is deleted. 3 . Paragraph 1 . 2 . 1, amend "shall be required only to the extent consistent with and reasonably inferable from the contract documents" to "shall be required in a manner which is consistent with and reasonably inferable from the contract documents . " 4 . Amend Section 1 .3 to provide as follows : "The results of the Design/Builder' s services under this agreement shall be the exclusive property of the Owner, and all documents (including, without limitation, all writings, drawings, blueprints, pictures, plans, specifications, reportings, computer or machine readable data, and all copies or reproductions thereof) which describe or relate to the services performed or to be performed pursuant to this agreement shall be the exclusive property of the Owner and shall be delivered to the Owner upon request (except for one copy which may be retained by the Design/Builder for its confidential files) . No articles, papers, treatises or presentations related to or in any way based upon or associated with the services performed pursuant to this agreement shall be presented or submitted for publication without the prior written consent of the Owner. It is agreed that the results of the Design/Builder (s) services and the work product provided under this agreement are not intended or represented to be suitable for reuse by the Owner at any project not contemplated by this agreement, and such reuse shall be without liability to Design/Builder. " 5 . At paragraph 2 . 1, amend "avoid unreasonable delay in the orderly and sequential progress" to "avoid unreasonable delay, to the best of such authorized representative ' s ability, in the orderly and sequential progress" . 6 . Amend paragraph 2 .4 to provide "Design/Builder shall furnish services of land surveyors, and other consultants for subsoil, air and water conditions, when such services are necessary to properly carry out the design services required by this Part II agreement at Design/Builder' s cost . The City of Elgin will be responsible for the costs associated with the additional geotechnical testing and field observations recommended in Terracon' s report . " 7 . Delete paragraph 2 . 6 .' 8 . Amend paragraph 2 . 7 to provide, "Such information, surveys or reports as are within the owner' s possession and control shall be furnished to Design/Builder upon Design/Builder' s reasonable request . " 9 . Delete paragraph 2 . 10 . 10 . At paragraph 4 . 5, delete "an act or neglect of the Owner, Owner' s employees, or separate contractors employed by the Owner, or" ; also amend "authorized by the Owner pending arbitration" to "authorized by the Owner in writing" . 11 . At paragraph 5 . 1 .2 amend "10" to 1130" . 12 . Delete paragraphs 5 . 3 and 5 . 3 . 1 . 13 . Delete paragraphs 7 . 2 and 7 . 4 . 1 . 14 . At paragraph 8 . 1 .2 delete "An order for a minor change in the work may be issued by the Design/Builder alone" . 15 . Add to the end of paragraph 8 . 1 .2, "All change orders and all changes in the work or modifications to this agreement shall be in accordance with all applicable laws . " 16 . At paragraph 8 .4 . 1, amend "extension of the contract time" to "extension of the contract time upon Owner' s reasonable written approval" . 17 . At paragraph 8 . 5 . 1, delete the last sentence. 18 . Delete Article 10 . 19 . At paragraph 9 . 5, delete the last sentence. 20 . Amend paragraph 11 . 1 to provide, "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 arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 21 . At paragraph 11 .3 . 1, amend the paragraph to provide, "The Owner reserves the right to perform construction or operations related to the Project with the Owner' s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. " 22 . At paragraph 11 . 4 . 1, amend "if either party to this Part II agreement suffers injury" to "if Design/Builder suffers injury" . Also, amend "the other party" to "Owner" at each point at which it appears . 23 . At paragraph 12 . 1 .2 , delete "persistently" . 24 . Delete paragraph 12 . 2 . 1 . 25 . At paragraph 13 . 3 . 1, insert 110%11 in the blank. 26 . Paragraph 14 . 6 is inserted: "The terms of this agreement shall be severable . In the event any of the terms or provisions of this agreement are deemed to be void or otherwise . unenforceable for any reason, the remainder of this agreement shall remain in full force and effect . " 27. Paragraph 14 . 7 is inserted: "This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto except as may be specifically provided for herein. " IN WITNESS WHEREOF, this Amendment #1 has been signed by authorized representatives of the Design/Builder and the City Of Elgin. DESIGN/BUILDER CITY OF ELGIN BY: BY: Name: �� �. (� S4.(es Name : Title : (�� P Title: /;1,4 y" b Date: 3lL/0,�' Date: 3Z 1116S SECOND AMENDMENT TO AIA DOCUMENT A191 - 1996 PART 2 The Agreement and the Amendment to the Agreement are amended by this Second Amendment as set forth below. The Second Amendment shall take precedence over any conflict or inconsistency between it and the Agreement and the Amendment. A2-1. Add to the end of Paragraph 1.2.3, "except as provided in 3.1.3." A2-2. Amendment Paragraph 5 is hereby deleted. A2-3. The information, surveys, and reports referred to in Paragraph 2.7 and Amendment Paragraph 8 are hereby requested by Design/Builder from Owner. A2-4. DESIGN LIABILITY. Paragraph 3.1.3 of the Agreement is deleted and the following is substituted in its place: 3.1.3. The Design/Builder shall be responsible to the Owner, except as limited herein below, for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Design/Builder's obligations under this Part 2 Agreement, except as to professional design services by Architect and other design professionals, for which Design/Builder's liability shall be limited, as follows: 3.1.3.a. Contractor Not Liable for Architect's Errors. In consideration of Contractor's entering into the Contract, Owner hereby agrees that Contractor shall not be liable or responsible in any manner whatsoever for any claims, damages, errors, or omissions arising out of the professional services to be performed by the Architect (as defined in the Contract) or other design professionals under the Contract, whether through indemnity or otherwise. 3.1.3.b. Owner's Sole Recourse is Against Architect. Owner hereby agrees that Owner shall not look to Contractor for recourse as to any such claims, damages, errors, or omissions, and Owner's sole recourse shall be against the Architect or other design professionals performing such professional services and any insurance to be carried by the Architect pursuant to this Contract. 3.1.3.c. Contractor's Cooperation with Owner: Contractor agrees to fully cooperate with Owner in pursuing its rights hereunder and under the Contract, including,without Page 1 of 3 limitation, (i)bringing any legal action necessary to enforce Owner's or Contractors's rights against the Architect or other design professionals, or (ii) assignment to Owner of any rights or remedies contractor may have against the Architect or other design professionals relating to any such claims, damages, errors, or omissions. 3.1.3.d Limitation Applies Only to Design Liability. Other than recourse with respect to claims, damages, errors, or omissions relating to the Architect or other design professionals arising out of the professional design services to be performed under the Contract, this Clause shall not constitute a waiver of any other remedy which Owner may have against Contractor for any other failure of Contractor to perform in accordance with the Contact or any other agreement or contract between Owner and Contractor. A2-5. The last sentence of 3.2.14 shall read, "be resolved by mutual agreement of the parties". The second to last sentence of 7.3.9 shall end after the word "reach". Paragraph 7.3.10 shall end after the phrase "exercise of this power". A2-6. CONCEALED CONDITIONS. Paragraph 8.5.1 of the Agreement and Amendment Paragraph 17 are modified by adding the following sentences at the end of the paragraph: 8.5.1... Concealed conditions shall include, in addition to the matters set forth above in this Paragraph 8.5.1, environmental contamination of the job site by hazardous waste or other hazardous environmental conditions, not reported in the Contract Documents and shall collectively be referred to as, Concealed Conditions. Concealed Conditions shall give rise to a Change Order to be negotiated reasonably and promptly between Owner and Design/Builder. Notwithstanding anything in the Contract Documents to the contrary, material environment remediation of the site is not a part of Design/Builder's work unless specifically set forth as not being a Concealed Condition under this Paragraph 8.5.1 in the Contract Documents. A-2-7. REMEDIES/DEFAULT. Paragraph 10 of the Agreement and Paragraph 18 of the Amendment shall be modified to provide as follows: 10.1 The remedies provided for in Paragraph A2-6., or elsewhere in the Agreement or amendments shall be cumulative. In the event of a default of this Agreement or the Amendments, the non-defaulting party shall have any remedy available to it in law or equity. A2-8. Paragraph 11.4.1 and Amendment Paragraph 22 are hereby deleted. A2-9. NONPAYMENT BY OWNERS. Paragraph 12.2.1 of the Agreement and Paragraph 24 of the Amendment shall be modified by adding the following provision as Paragraph 12.2.1 of the Agreement. 12.2.1 It shall be a default by Owner under this agreement, if Owner fails to make payments when due, provided Design/Builder has sent a written demand for payment and more than 30 days have passed since receipt of the demand for payment by Owner. In the event of a Page 2 of 3 default by Owner for non-payment, Design/Builder may terminate this Agreement effective upon 30 days written notice of termination to Owner. A2-10. Paragraph 14.8 shall be inserted as follows: The insurance limits required by ARTICLE 7 shall be as set forth on the Certificate of Liability Insurance issued by Lundstrom Insurance attached hereto as Exhibit 1. IN WITNESS WHEREOF, this Second Amendment has been signed by authorized representatives of the Design/Builder and the Owner. DESIGNBUILDER: OWNER: SHALES MCNUTT, LLC CITY OF ELGIN By: .� l LYE By: ;� Name: ....4".. kt Name: Title: y• �. Title: rn Ay O <2 Date: 3�Z�flS Date: 3 �l//Os- CAShales McNutt\Fu1tonDeckAmend2.wpd Page 3 of 3 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 SECTION 01110 - SUMMARY OF WORK PART 1 - GENERAL 1.1 SCOPE OF WORK A. The Work contemplated by the Contract Documents includes the Work of all trades required and all the labor, materials, and equipment necessary and incidental to the design, construction, and completion of: The new Parking Structure on Fulton Street for the City of Elgin Elgin, Illinois Any requirements stated herein refer to the entire project. B. Parking Structure System Design — An integral part of this Project is the preparation of final design drawings and specifications necessary for the fabrication and construction of all architectural, landscape, civil, structural, mechanical, plumbing, fire protection and electrical components required. The Design Build Contractor will be required to employ a qualified Designer to perform such design, as the Engineer/Architect of Record. Such design shall meet the criteria established in these documents. It shall be the responsibility of the Design Build Contractor Engineer of Record to prepare and seal final architectural, landscape, civil, structural, mechanical, plumbing, fire protection, and electrical design drawings and specifications. Submit these drawings to the governing agencies including the Department of Code Administration and other applicable agencies for approval, review Shop Drawings prepared by the Design Build Contractor, and make necessary field observations to insure that the Project is being constructed in accordance with his prepared design drawings and specifications. The Design Criteria Professional (Consultant) shall be the Owner's technical representative for the Project and will assist the Owner with general project administration. The Design Build Engineer of Record shall be responsible for all design including architectural, landscape, civil, structural, mechanical, fire protection, plumbing and electrical design for the Project, and shall be required to submit his/her final drawings, specifications, and calculations for such design to the Owner and Consultant for review prior to any fabrication and construction for the Project. C. Submitting a proposal for this RFP procedure releases the applicant's rights of all design elements included in the proposal package to the City of Elgin. The City of Elgin has the right to use any design element they see fit whether the proposal design team is selected or not. 1.2 DEFINITIONS ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 1 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document Al 91 — 1996 Part 2 Revised January 25, 2005 A. Design-Builder: The Design-Build Team. The entity contractually responsible for delivering the project design and construction. B. Proposer: An entity responding to the RFP. C. Owner: The City of Elgin, Illinois. D. Owner's Consultant: Walker Parking Consultants. 1.3 DESIGN STANDARDS/REQUIREMENTS A. General 1. The procedure to be utilized for this Project shall be the Design-Build method of construction. This Section describes the Project and provides general design requirements. Design-Builder shall use Illinois licensed architects and engineers to prepare the design and shall adhere to Owner's requirements. 2. Minimum design requirements are provided herein and in the Technical Specifications. The Contract Drawings illustrate property limits and building limits. Also shown is a generalized preferred parking layout. Within those guidelines each Proposer is encouraged to submit a Proposal, which produces the best overall Project for the intended purpose. Proposals shall include both drawings and specifications. The specifications provided shall identify any revisions or modifications to the outline specifications. Proposals shall fully describe the proposed Project, and when reviewed and evaluated by Owner, shall be used in the determination of the Design-Builder selected for this Project. 3. The entire design shall be in accordance with the following applicable codes. When conflict or differences in requirements exist between referenced codes, the more restrictive requirements will govern without a contrary ruling approved by the applicable inspection or enforcement authority. a. Building — International Building Code/2000 Edition. b. Mechanical — International Mechanical Code/1996 Edition with Amendments. C. Electrical — MFPA 70 National Electric Code 2002 Edition. d. Plumbing — State of Illinois Plumbing Code. e. Accessibility Standards — State of Illinois Capital Development Board Illinois Accessibility Code/1997 Edition, United States Office of the Attorney General ADA Federal Register Code/Current Edition. f. Fire-Prevention — City of Elgin Fire Prevention Code. 4. Building Classification a. The Fulton Street Parking Deck is classified as an Open Parking Garage. The Parking areas shall be designed Group S-2. The construction type is 1113. 1.4 SITE REVIEW ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 2 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document Al 91 — 1996 Part 2 Revised January 25, 2005 A. Before submitting Proposals, prospective Design/Build Contractors shall carefully examine the entire site of the proposed work and adjacent premises and the various means of approach and access to the site, and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all the work in accordance with the Contract Documents. B. The Design Build Contractor shall immediately, upon entering the project site for the purpose of beginning work, review project site with the Owner for the purpose of selecting area(s) to place materials for storage and staging. C. The Design Build Contractor must exercise proper precaution to verify all figures shown or indicated on the Drawings. All existing trees, paved areas, utilities, etc. shall be located before beginning any work, and he shall be held responsible for any error resulting from his failure to exercise such precaution. The Design Build Contractor shall be responsible for verification or relocation of any utilities. 1.5 PROJECT DESCRIPTION A. General 1. This project will be built on a lot that currently includes asphalt parking lots and an existing building. The removal of the existing building, including foundations, trees, and the surface lots is included in this contract. 2. Project comprises a 550 car minimum open parking structure (including surface lot) that will be used to accommodate the parking needs of the surrounding businesses and residential components. B. Site Planning 1. The structure is located on City of Elgin land. The use of the maximum site area to accommodate this parking structure will serve to minimize the parking structure height and attain this density. 2. Meet any and all Federal, State and Local regulations regarding storm water runoff and erosion control during construction. Storm water retention/detention is not a part of this project. 3. Vehicular Access a. Vehicular entry and exits are to be provided from Fulton Street and Prairie Street via on-grade parking lot. 4. Delivery Access a. Access for deliveries must be provided along the north wall of the Prairie Rock Restaurant. Provide adequate drive width for a delivery vehicle to back into each area from either Fulton Street or Prairie Street. Refer to drawing A1.1 for a proposed configuration. Provide a loading dock area along the north face of the Prairie Rock Restaurant to accommodate a loading berth. Provide minimum 14'-0" vertical clearance within the loading access areas. The entrance/exit drive must be wide enough to ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 3 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 accommodate the turning radius of a 40' truck to enter and exit off of Fulton Street. Provide a concrete drive between the parking structure and adjacent businesses. Provide drainage in the concrete drive between the parking structure and the adjacent businesses. Adjacent building foundations have been assumed to be able to handle additional loading from truck traffic. Review and/or verification of existing foundations are not a part of this contract. 5. Pedestrian Access a. Predominate pedestrian paths to and from the parking structure will be from the northwest and southeast. Two secondary pedestrian entrances shall be provided at grade, one will be located along the north elevation where level 2 meets the existing grade and the other will be on the east elevation at the south stair tower. Due to the grade change across the site, these entrances may be at a supported parking level. A major access point that will include a stairway and elevator serving all floors, shall be located in the northwest corner of the parking structure. One stair tower shall be located in the southeast corner. Pedestrian accessible routes within the parking structure at the stairtower and stair/elevator locations, meeting Illinois Accessibility Code requirements, shall be provided. Where pedestrian traffic encounters curbs, the curb edges shall be clearly marked with paint. 6. Pedestrian Bridge a. Pedestrian access is to be provided from grade level and a supported level of the parking structure or stair/elevator tower into the second level of the Prairie Rock Restaurant. The connection point is at a window along the Prairie Rock north building elevations. The at-grade pedestrian access is to be a fully accessible route. The path of travel shall conform to the widths required to meet the applicable codes. C. Civil Engineering 1. Design and calculations shall be prepared by a Civil Engineer licensed in the state of Illinois and shall conform with the codes and standards of the applicable codes. 2. All work on public utilities must conform to that utility's requirements. 3. All street and utility work must conform to the phasing and access requirements outlined herein. Utilities to buildings not owned by the City of Elgin must be coordinated with the utility company to provide the minimum amount of time that the building will be without service. 4. The design shall meet all Federal, State and Local requirements regarding stormwater detention. Storm water retention/detention is not a part of this project. 5. Resurfacing of that portion of Fulton St. directly adjacent to the new parking deck is included in this project. D. Qualifications and Standards ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. 01110 -4 SUMMARY OF WORK Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 1. Structural design and calculations shall be prepared by a structural Engineer licensed in the state of Illinois and shall conform with the codes and standards referenced herein and other standards that may not be listed but are commonly used as standards for design of this type project. E. Parking Structure Structural Systems 1. The following structural components, or a combination thereof, shall be used to construct the parking structure. a. Foundation Design Criteria: Preliminary foundation design criteria will be provided by the geotechnical report for the Project, which is currently being prepared by Terracon. The Owner assumes no responsibility for the accuracy or completeness of this document. The report will be provided for information only, and the designer may draw his own conclusions or conduct his own subsurface exploration, as required. b. The proposed foundation system for the parking deck shall be determined by the soils report. The Design Build Contractor may submit a voluntary alternate foundation system for the parking structure. C. The entire structure and individual members shall be designed considering all vertical loads, lateral loads due to wind, temperature differentials, seismic, shrinkage, shortening and effects due to prestressing (both pre- tensioning and post-tensioning). Rigid elements including, but not limited to, pedestrian bridge, stair and elevator towers, grade and foundation structures, shall be kept structurally free of the main body of the parking structure. Any elements, which would tend to structurally restrain the main body of the parking structure, shall be accounted for in the structural design. The stair tower in the south-east corner will be designed to move with the parking structure and is not structurally isolated. 2. The selected structural system for this project is pre-cast pre-stressed concrete. The system shall have a 40-year useful life and verified by submitting a "Life 365' analysis. The system description is: a. Pre-cast pre-stressed concrete pre-topped double tee slabs with precast concrete frames and shear walls. Refer to Technical Specification 03410 for structural precast concrete/plant cast. Exterior spandrel panels and columns may be architectural precast concrete/plant cast. Brick or stone masonry may be inset into the panels. All structural connections utilizing coil rods and embed plates shall have these components galvanized. All welding of this material shall be coated with galvanizing paint. All weld hardware shall be placed at least 3/4" from the surface. All slab flanges shall have epoxy coated bars or mesh. All elevated concrete slabs and beams shall have epoxy coated bars (except beam bottom steel) and/or mesh. All tee-to-tee connections shall be stainless steel. 3. The structural system shall have galvanized slab embeds, a sloped wash around columns, along light walls and at interior walls (the floor slopes away from perimeter walls), and sealed joints at full depth cracks. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 5 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 4. With the structural systems, the use of a structural steel frame is permitted for only the roof framing of towers. 5. All members shall have the fire ratings as stated in the latest edition of all applicable codes. 6. The temperature differential used for designing the precast and post-tensioned systems shall be based on the following criteria: a. Pre-cast System: The temperature extremes (contraction and expansion) shall be taken as the difference of the average daily temperature at the time the concrete topping is placed. 7. Precast Concrete Decks: All cast-in-place structural concrete decks (toppings) shall provide a minimum 3" topping with a minimum top cover of 1-1/2" clear. 8. The slab-on-grade parking areas shall be 5" (min.) thick concrete slab with #3 at 18", on-center, each way. The truck dock and the delivery access drives shall be a minimum of 8" thick concrete slab. F. Structural Planning Considerations 1. The parking structure should provide for the greatest extent of clear span parking possible. Vertical elements should be as transparent as feasible to create visual and psychological openness in the parking areas. Vertical elements may not intrude into the width or depth of clear parking stall dimensions, except intrusions of not more than V-0" deep may occur at the front of stalls. Long vertical elements, such as shear walls or stair enclosures, should be planned to provide sufficient clear sight lines. 2. The parking structure shall allow for minimum clear heights in aisles and in parking stalls as follows: a. All parking levels = 9'-6" clear minimum along the vehicular path of travel for snowplow vehicle access to the roof level. b. All accessible parking spaces = 8'-2" clear minimum. C. These clear heights shall be as measured below all horizontal projections, including light fixtures, security cameras, signs, piping and electrical conduits that will interfere with parking and internal vehicular and pedestrian circulation. Elements projecting below clearance lines that do not extend more than 1'-0" below required clearance, will be allowed at front of parking stalls if located horizontally within 2' of columns or wall face. Any items that are permitted to project into the clearance envelope shall be placed as high and as close to column wall face as possible. 3. Ramp systems containing parking stalls shall not exceed a slope of 6.0%. 4. All grade and elevated slabs shall be sloped to drain. The minimum slope perpendicular to drive lanes shall be 2% and the minimum slope parallel to drive lanes shall be 1.1%. Camber in the structure and short and long-term deflections shall be controlled by design to maintain these drainage requirements. All resulting valleys shall have sufficient slope so they will not pond water. 5. All floor, roof slabs, and stair landings shall meet pitch requirements. All floor and roof slabs shall have drains located in a gutter line 3'-0" inward from the ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 6 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 edge of the slab. Provide a "wash" from the gutter line and built up at edge of the slab or as required to meet the Illinois Accessibility Code. 6. Provide for: a. Sealed, tooled control/construction joints shall be installed in cast-in-place concrete topping wherever there are joints in the precast concrete below. Control joints must be centered over precast joints, but shall be provided at both faces of beam. b. Joints between the precast tee forming floor surfaces shall be sealed. C. Sealed control/construction joints shall be provided at all intersection between walls and floors, and columns and floors. 7. Where expansion joints are placed in the structure, the joint shall occur on each elevated parking level and independent support shall be provided on each side of the joint. If the structural system is precast concrete, stems of adjacent double Ts shall be located on each side of the joint so there are no overhanging flanges. Beams supporting double Ts shall be supported by separate columns on each side of the joint. Joints shall pass completely through exterior columns. 8. Masonry a. Standard masonry units are required for the non-load bearing walls of the electrical, elevator machine, mechanical and storage rooms. Concrete masonry units shall conform to ASTM C90. Truss type reinforcement will be provided in every other block course. Walls shall be reinforced as required by code and by design. All work shall comply with the National Concrete Masonry Association and Brick Institute of America Standards. b. Refer to Specifications Division 4 for additional information. 9. The Bridge and Stair and Elevator Tower shall be structurally separate from the parking structure with expansion joints. Provide cover plate over the expansion joints to prevent "high heel" accidents. G. Visual/Aesthetic Factors 1. Architectural Design shall be prepared by an Architect licensed in the state of Illinois and shall conform with the codes and standards referenced in Section 1.3 and other standards that may not be listed but are commonly used as standards for design of this type project. 2. The City of Elgin desires the structure to reflect the architectural exterior fagade design consistent in quality with the recently completed Civic Center Parking Structure located at Symphony Way and Douglas Avenue in Elgin. The specific architectural treatment defined in the outline specifications is intended to convey a general sense of desired character and use of texture; it is no way intended to limit the Proposer's use of innovative and creative design solutions. In keeping with that goal, the following criteria shall be followed: a. Floor levels of the parking structure along all building elevations are to be expressed on the exterior as level. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 7 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 b. The exterior cladding shall be mostly brick with architectural pre-cast concrete approved by the City. The exterior cladding shall have features to provide the following: 1) Expression of the vertical columns; vertical expression is recommended as appropriate. Relentless horizontal expression is not appropriate. C. Finishes: 1) The amount of masonry shall be similar to that on the Civic Center Parking Structure. 2) Durable finish, factory painted aluminum shall be used for frame glazed areas. 3) Precast exterior finishes, if used, shall enrich the architectural character of the design by the use of a combination of finishes which may include: a) Exposed aggregate by chemical retarders or water washing. b) Form liners. c) Sand or abrasive blasting. d) Tooling or bush hammering. e) Honed or polished. f) Brick veneer-faced panels. d. The base bid shall be provided that includes a brick masonry exterior facade. e. The major mass of parking structure shall have a height that represents a five-story building (ground plus four supported levels) above the level of the existing grades at the south end of the site. The maximum height of the structure shall be five stories (ground plus four supported levels). f. Mockup requirements — Mockup panels, representative of all exterior sections, showing all exterior materials and finishes shall be required prior to construction for approval of finishes by the City of Elgin. For the proposal presentation, provide samples of the proposed building facade materials. g. Provide color rendering of the proposed parking structure design. The rendering shall include exterior signage and building address. H. Light/Air Quality/Security Factors 1. Light Control: The exterior enclosure should control any vehicular headlamp glare escaping the parking structure and impacting neighboring facilities. 2. Air Quality: The structure should be naturally ventilated in accordance with the referenced building codes to obtain an "Open Parking Structure" classification. Natural ventilation should utilize prevailing winds and open sidewalls, areaways, and/or site grading to avoid any stagnant areas where fumes would accumulate. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 8 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 3. Security: a. The structure should provide an optimum level of safety and security for users at all times. Maximum visibility of stairs and elevators from inside and outside the structure is desirable. b. Design shall incorporate features that maximize passive security, i.e. increased lighting levels, visibility, elimination of dark corners and confined spaces, vandal and graffiti resistant finishes, and deterrent graphics and signage. C. All interior shear walls and light walls shall have openings between them to provide maximum visibility. d. Glass protecting stair and elevator shafts from weather elements shall be tinted to allow high degrees of visibility day and night. Areas below stairs and ramps must be enclosed with concrete or concrete masonry units. e. Guards along interior slab edges at sloping ramps, except at the roof level, and on each side of ramps between tiers, shall be of an open design that provides minimal visual restriction while complying with code requirements. Guards along interior slab edged at the roof level shall be concrete. f. Design shall incorporate cameras and emergency call stations as defined in the specifications. There shall be no hidden spots from camera views. I. Traffic/Parking Planning Elements 1. Internal Circulation: The parking structure may utilize two-way circulation with 90 degree parking; or one-way circulation with angle parking. The general operation of the structure will be for use by self parkers without assigned or reserved spaces. Internal circulation should serve to minimize cross-traffic or traffic conflict points, should allow for minimal "search" / "exit" time and should allow for ease of vehicular re-circulation to facilitate traffic flow. 2. The Design/Builder is restricted to the general configuration of a rectangular parking structure along Fulton Street with an adjacent surface parking lot on Prairie Street. The Design/Builder may use alternative parking stall angle schemes that will achieve the requirements in the Design/Build Guidelines. 3. The design must address pedestrian and vehicular patterns. 4. Stall Design: Parking stall design angles shall be between 60 degrees and 70 degrees (increments of 5 degrees) or 90 degrees. Parking stall and drive lane dimensions shall afford a high degree of comfort/service. All parking stalls shall be based upon large cars with no reduction or weighted averaging for compact cars. Compact car stalls will not be considered. Minimum stall size shall be 9'-0" x 18'-6". Minimum dimensions for parking stalls and traffic lanes as follows (width is center to center). Standard Spaces Stall width = 9'-0" Stall length = 18-6" (Painted stall line length) 60 Degree Stalls Vehicle Projection = 19'-0" Aisle Width = 16'-0" one way Parking Module/Wall to Wall = 54'-0" ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 9 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 65 Degree Stalls Vehicle Projection = 19'-0" Aisle Width = 17'-0" one way Parking Module/Wall to Wall = 55'-0" 70 Degree Stalls Vehicle Projection = 19'-0" Aisle Width = 18'-0" one way Parking Module/Wall to Wall = 56'-0" 90 Degree Stalls Vehicle Projection = 18'-6" Aisle Width - minimum = 22'-0" per code Parking Module/Wall to Wall = 60'-0" anticipated minimum No Interlock Tandem parking spaces are not allowed. Where stalls abut vertical elements with a horizontal dimension parallel to the length of the stall in excess of 2'-0", the overall stall width shall be increased from 9'-0" to 10'-0". Universal accessible parking spaces, conforming with Illinois Accessibility Code, shall be provided. Spaces shall be located on level one along the dead-end and in the on-grade lot. 5. Adequate clearance is to be provided at the ramp turning bays with 900 parking and two-way traffic. Provide 25' minimum clearance from the end of the parking space or face of wall to face of column with an additional offset of approximately 3'-0" to the edge of the first parking space. This configuration will provide a total clearance of 28'-0" for the turning movement. 6. Entry/Exit: At points of entry/exit, visual obstructions should be minimized to avoid unobstructed visibility of all vehicular and pedestrian traffic. 7. Graphics/Signage a. General: Provide specific design for sufficient graphics so as to direct and identify the most convenient means of vehicular and pedestrian access. Show the exterior signage on the building elevation and rendering. Graphics should be simple, easy to read and clearly visible. Interior signage design shall be in accordance with referenced codes and standards. There are no specific City of Elgin graphic standards for interior signage. Provide a design that is similar to the City of Elgin Civic Center parking structure interior signage. Provide "Clearance Bars" at entry and exit. All signage mounted on the parking structure to identify garage name, entrance and exit shall be provided and installed upon review and approval by the City of Elgin. All signs shall be aluminum or equal, wood is not acceptable. Provide a sample of the proposed interior signage for review. The interior of the parking structure shall be painted white. b. Design Criteria: Provide the following minimum signage: ©2005,Walker Parking Consultants/Engineers, Inc. All rights reserved. 01110 - 10 SUMMARY OF WORK Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 • At the end of each aisle or ramp — direction to more parking • At the end of each aisle or ramp —direction to exit • At each level — direction to elevator and/or stairs • At each level at each stair— level or tier designation — indicate roof access • As needed —direction to pedestrian exits • At street level and as needed on other levels — direction to accessible stalls • As needed —direction to accessible stalls • As needed —direction to emergency phones • At street level on grade to designate entrance and exit • At entrance and exit to designate clearances in the parking structure for accessible vehicles • At each vehicular entrance indicating if lot is full • Provide International symbols on all signs where appropriate J. Vertical Circulation 1. Passenger Elevators (2) a. Provide two 3500 pound capacity hydraulic passenger elevators at the northwest corner of the parking structure. Elevator cab size shall meet the requirements of Illinois Accessibility Code. Elevator is to serve all parking levels as shown on the Drawings. If curbs are provided at elevator landing, ADA-accessible curb cuts shall be provided. b. Interior finishes of elevator cab, doors, and frames are to be stainless steel. All elevator controls and indicators shall use a vandalism-resistant design. Use stainless steel call buttons. Other signal fixtures in cab and hall, including car direction lantern and car position indicator shall be of similar vandal resistant design. C. Elevator lobbies are to have an upgraded finish. The floors are to be tile. A portion of all the elevator lobby walls are to have a the finish. The remainder of the lobby walls are to have a graffiti proof painted finish. The wall and floor tiles may differ by color and size. 2. Exit Stairs a. A minimum of two stairs shall be provided at locations shown to accommodate major pedestrian ingress/egress points. Stairs shall have a minimum width to meet the Code requirements and shall have open railings to maintain visibility. Stairs are to be concrete finish. Metal pan stairs are NOT acceptable. b. Exterior walls of exit stair/elevator towers shall be glazed at a minimum 50% of the exterior wall area. Exterior doors are required at grade for the elevator lobby and the southwest stair tower. Exit stairs at the roof top parking level shall be fully enclosed and finished on all sides to match the theme of the building. Exit stairs at all covered parking levels shall be fully ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 11 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 enclosed with the exception of an exit stair/elevator combination, which could share a common enclosed lobby. The parking structure elevator lobby shall have doors equipped with power door operators. C. Non-glazed stair wall finished shall include either smooth precast finish, smooth-formed rubbed cast-in-place concrete, concrete masonry units or a combination of these types with painted finish. Stair finishes shall include painted concrete or concrete masonry units and painted metal railings. 3. Non-Parking Area Requirements a. Electrical Equipment Room 1) Provide a locked room at grade level, with a minimum 8' ceiling and full height walls, to contain building electrical power and lighting panels, telephone communications, and fire alarm panels. Layout room to provide required clearances around and between all panels as required by Code and as necessary for maintenance access. Provide convenience outlets, unit heater, mechanical ventilation and fluorescent lighting. b. Mechanical Equipment Room 1) Provide a locked room at grade level to contain main domestic water service shutoff and distribution for garage, cold-water riser, and standpipe drain sump. Provide convenience outlets, unit heater, and fluorescent lighting and a floor drain. C. Elevator Machine Room 1) Provide a locked elevator equipment room to contain elevator machine equipment. Locate as required to properly service elevator, and as required by inspection authorities. Provide convenience outlets, mechanical ventilation, unit heater, and fluorescent lighting as required and permitted by elevator codes. d. Loading Dock 1) Loading berth size 12'-0" x 65'-0". 2) Provide drainage as required. 3) Provide concrete slab-on-grade. e. Storage Room 1) Provide approximately 2700 square foot storage room at the grade level. 2) Provide mechanical ventilation and unit heaters. Provide enough heaters that will maintain a minimum ambient temperature of 40°F for all cold weather conditions. 3) Provide 6'-0"wide door. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 12 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 4) Minimum of 9'-6" headroom between lines A, B, 8 and 9. The minimum clearance between lines 9 and 9.5 will be approximately 8'0". 5) Provide convenience outlets spaced a maximum distance of 20' apart. 6) Provide fluorescent lighting. 7) Provide a fiberglass utility sink with both hot and cold water supply. 8) Provide floor drain. 9) Include a 16'-0" wide overhead door. 4. Specialties a. Security Screening: Provide black ornamental steel security screening at all garage openings which are within 10'-0" of finish grade. K. Mechanical Design 1. Mechanical Design and calculations shall be prepared by a Mechanical Engineer licensed in the state of Illinois and shall conform with the codes and standards referenced in Section 1.3 and other standards that may not be listed but are commonly used as standards for design of this type project. 2. Parking areas are to be naturally ventilated. 3. Elevator machine room a. Provide a packaged heating, air conditioning and ventilating unit to condition the elevator equipment room. Collect condensate from AC unit and pipe to drain. Ventilation shall be provided per Code requirements and provide heating and cooling capacity to meet environment requirements of elevator manufacturers. Provide positive powered ventilation of elevator shaft to control heat buildup. b. As a minimum, systems shall be capable of maintaining room temperatures at 70 degrees F when outside air temperature in 120 degrees F. C. Mechanical ventilating systems shall provide the minimum ventilation rates required by applicable codes. Fans and accessory equipment shall be enclosed in vandal-proof cabinets. 4. Plumbing Systems a. Provide a Water Service Room sized according to referenced codes and standards. b. Provide water service valved and capped in the water service entry room for wash down water system. The wash down system shall be 1 %2" risers with hose bibs. The hose bibs are to be provided within the parking area on the ramps and at each stair tower on each parking level. C. Provide floor drains throughout the parking area to drain the structure. Locate all exposed vertical piping within parking areas and in the open vertical chase provided between parking ramps adjacent to columns or vertical structural element. Roofed areas at the stair towers shall drain to the parking structure roof level. Floor slabs and roof slabs shall pitch uniformly in true planes to provide positive drainage of all areas. Use of ©2005,Walker Parking Consultants/Engineers, Inc. All rights reserved. 01110 - 13 SUMMARY OF WORK Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 "slot" drains or sheet metal drains is not permitted. Provide drains at the grade level of the stair/stair and elevators towers for drainage. Slope stair landing to opening. Pitch stair landing not less than 1/8" per foot. d. Floor drains shall be heavy duty coated cast iron with double drainage flange, deep set adjustable tractor grate and vandal-proof top. e. Provide grease separators if required in sanitary drainage system. Backwater valves shall be included at all grade level drains. f. Alternate No. 4 — Provide a new 36" diameter sewer and two new 60" diameter manholes located on Fulton Street and Prairie Street. The invert depth of the storm sewer shall be a minimum of 8'-0" below existing grade. 5. The storm water drainage system shall be designed by a licensed Civil Engineer in the State of Illinois. The design shall conform with the codes and standards referenced in section 1.3 and other standards that may not be listed that are commonly used for design of this type of projects. Engineer to provide calculations to define flow rates and system storm water storage volumes, confirming the system design meets the requirements. 6. Fire Protection Systems a. Provide a fire protection system as required. Refer to Specification Division 15. A system of Class I dry standpipes with 2 %2" hose valves and 1 '/2" reducers at each level visible from stair landings, and siamese connections shall be designed and installed per NFPA-14 and IBC standards. Siamese connections shall be type as and located at both streets per local fire department requirements. Locate all exposed vertical piping within parking areas in chase and horizontally positioned near vertical structural elements. Where pipe or hose valves can not be in chase, they shall be located between parking stalls and protected by bumper guards or bollards. L. Electrical Systems 1. Electrical design and calculations shall be prepared by an Electrical Engineer licensed in the state of Illinois and shall conform with the codes and standards referenced in Section 1.3 and other standards that may not me listed that are commonly used for design of this type project. 2. The Electrical Service shall be fed from a pad mounted transformer. The electrical service is to be provided by Com Ed and the Design Builder. The electrical service will not be provided by the Owner. The main service entrance to consist of a main circuit braker panel board located in the Electrical Equipment Room on the lowest level of the parking structure. The service entrance panel board shall be grounded in accordance with the NEC. 3. Emergency power for Code required egress lighting, exit lighting and emergency systems shall be provided by individual battery powered components. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 14 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 4. The lighting design for parking areas and, drives will utilize cutoff type luminaries with metal halide lamps to provide maintained (average) illumination levels as follows: Stairtowers may use fluorescent lighting. Uniformity Ratios Illuminance Max/Min Automobile Entrances 50 FC 4:1 Drive Aisles and Corners 10 FC 4:1 Between Cars 5 FC 4:1 At Walls 5 FC 6:1 Upper (Roof) Levels 0.6 FC 4:1 Grounds Vehicles & Equipment Parking Areas 2 FC 6:1 Exterior Pedestrian Walkways 2 FC 6:1 Stairs 15 FC N/A a. Locate parking deck fixtures in linear rows on both sides of the driving lanes. Do not locate fixtures directly above driving lanes except where unavoidable at cross aisles. b. Coordinate fixture location with the structural configuration. The spacing of rows shall be in a uniform grid. 1) Poured in Place Concrete Structure: Mount fixtures flush to deck. Center fixtures between structural members. 2) Precast Concrete Structure: Pendant mount fixtures such that the bottom of the fixture aperture is flush with the bottom of precast double tee stems. Center fixtures between double tee stems. C. Other parking structure areas will be illuminated by means of vandal resistant, wet location fluorescent lighting fixtures equipped with low temperature ballasts as follows: 1) Equipment Rooms —20 FC 2) Storage Room —20 FC d. Luminaries shall be selected and located so as to minimize glare or light spill over to areas outside the parking structure. e. Provide pedestrian walkway lighting outside of the parking structure perimeter using a combination of wall mounted luminaries and pole mounted luminaries. f. Provide illuminated exit signs, connected to uninterruptible emergency power to clearly identify the planned egress paths. 5. Lighting Control: Each level of the parking structure will have separate lighting controls as follows: a. Perimeter parking area fixtures — photocell. b. Upper level (roof) lighting poles — photocell. C. Stairway and elevator lobbies— unswitched, 24-hour operation. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 15 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 6. Receptacles: Provide 120V duplex, NEMA 5-20R, GFCI protected receptacles in metal weather and corrosion resistant housing. Locate receptacles at each stairway entry, elevator lobby, equipment rooms, storage room, and near ends of parking ramps. 7. Telephone: Provide (2) 4 telecommunications service conduit to the Electrical Equipment Room. Provide a plywood backboard, grounding bus, termination hardware and duplex receptacle at service conduit entrance. Owner will provide cable. Contractor shall pull cable and Owner will terminate the cable. Provide rough in for emergency telephones at each stairtower at each floor on the garage side of the stairtower. Route one (1) 3/4" empty conduit from each phone location to the electrical room. Owner will provide phone equipment and wiring. Provide conduit rough-in for two pay phone locations as specified by the City. 8. HVAC Equipment: Provide branch circuit connections, disconnect switches and motor starters for all mechanical equipment. 9. Grounding: Provide grounding of the electrical system in accordance with the NEC. 10. Conduit: Exposed conduit to be rigid steel metal conduit. Raceways in concrete supported slab can be rigid steel metal conduit, PVC coated steel conduit, floor duck, PVC schedule 40 or 80, electrical metallic tubing or intermediate metal conduit. All are acceptable for use in concrete. 11. Electrical Equipment Room: Provide electric service entry room sized according to codes and standards. Provide a locking entrance door accessed from the parking/traffic aisle areas with access unrestricted by parking. Provide heating and ventilating as required by code and as indicated herein. M. Miscellaneous Design Requirements 1. Maintenance a. Slabs and pavements shall be cast-in-place concrete to minimize joints and connections and high maintenance materials. Reinforcing materials shall be of a type selected to minimize corrosion damage and weathering exposures. Other materials shall be galvanized or porcelain coated steel, wood or plastics selected for vandal resistance. b. To facilitate everyday cleaning, provide hose bibs at stair locations. Make provision for shutting off and draining supply piping. Design stair enclosures to prevent trash accumulation and to facilitate sweeping and washdown. C. All horizontal piping shall be run as close to the ceiling as possible to discourage pigeon roosting, and still maintain the minimum required clearances. d. Provide trash receptacles at all elevator and stair lobbies. Trash receptacles shall be easy to empty and to flush periodically with a hose. 2. Warranties a. All waterproofing materials shall have a minimum warranty of 5 years commencing from the Final Completion of the project and acceptance of the Final Punch list by the Owner. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 16 Fulton Street Parking Deck Construction Documents 31-6267.00 June 25, 2004 Third Amendment to AIA Document A191 — 1996 Part 2 Revised January 25, 2005 b. The Design-Builder shall cover all other materials not specifically stated, under a general workmanship warranty of 1 year commencing from the Final Completion of the project and acceptance of the Final Punch list by the Owner. C. Design-Builder is responsible for removing and replacing any existing installations in order to execute work covered under these warranties. 1.6 WORK SEQUENCE A. Work should be conducted to provide least possible interference to the activities of Owner's personnel. 1.7 CONTRACTOR USE OF PREMISES A. General: Limit use of premises to construction activities in areas indicated; allow for Owner occupancy and use by public. 1. Confine operations to areas within Contract limits. Portions of the site beyond areas in which have construction operations are not to be disturbed. That portion of Fulton St. directly adjacent to the parking deck structure as well as a portion of the city owned former railroad property on the north side of Fulton St.will be utilized for construction staging and general use. 2. Keep driveways and entrances serving the premises clear and available to the Owner and Owner's employees at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site. 1.8 OWNER OCCUPANCY A. Partial Owner Occupancy: Owner reserves the right to occupy and to place and install equipment in completed areas of building, prior to Substantial Completion provided that such occupancy does not interfere with completion of Work. Such placing of equipment and partial occupancy shall not constitute acceptance of total Work. 1. Certificate of Substantial Completion will be executed for each specific portion of Work to be occupied prior to Owner occupancy. 2. Obtain Certificate of Occupancy from local building officials prior to Owner occupancy. 3. Prior to partial Owner occupancy, mechanical and electrical systems shall be fully operational. Required inspections and tests shall have been successfully completed. Upon occupancy Owner will provide operation and maintenance of mechanical and electrical systems. END OF SECTION 01110 © Copyright 2005. All rights reserved. No part of this document may be reproduced in any form or by any means without permission from Walker Parking Consultants/Engineers, Inc. ©2005, Walker Parking Consultants/Engineers, Inc. All rights reserved. SUMMARY OF WORK 01110 - 17 3/4/05 FOURTH AMENDMENT TO AIA DOCUMENT A191 regarding the Fulton Street Parking Deck The parties agree as follows : 1 . Paragraph 1 . 3 and amendment paragraph 4 in the amendment to AIA Document amending same are revised to read as follows : "4 . Amend Section 1 . 3 to read as follows : "The results of the Design/Builder' s services under this Agreement shall be the exclusive property of the Owner, and all documents (including without limitation, all drawings, renderings, designs, plans, specifications, and other documents and electronic data furnished by the Architect for the Project, and all other writings, drawings, blueprints, pictures, plans, specifications, reports, computer or machine readable data, and all copies or reproductions thereof, and all other drawings, specifications, and other documents and electronic data in any way relating to the Project) which describe or relate to the services performed or to be performed pursuant to this Agreement shall be the sole and exclusive property of the Owner and Owner shall have all common law, statutory and other rights thereto, including but not limited to copyright in such instruments of service including such documents and other materials . All such instruments of service including such documents and other materials shall be delivered to the Owner upon request (except for one copy which may be retained by the Design/Builder for its confidential files) . No articles, papers, treatises or presentations related to or in any way based upon or associated with the services performed to this Agreement shall be presented or submitted for publication without the prior written consent of the Owner. It is agreed that the results of the Design/Builder ' s services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the Owner at any project not contemplated by this Agreement, and such reuse shall be without liability to Design/Builder. " 2 . Section 3 . 3 . 3 is amended by adding the following introductory phrase thereto: Page 1 of 2 "Unless caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, 3 . Section 5 . 2 . 3 is hereby deleted in its entirety. 4 . Section 13 . 2 . 1 is hereby amended by inserting "None" at the end of such section. 5 . The parties agree that the certificate of liability insurance shall name the City of Elgin as an additional named insured. Such certificate shall further provide that such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the city. The insurance shall not provide any endorsement or modification to make the insurance excess over other available insurance, alternatively, if the insurance states it is excess of primary, it shall be primary with respect to the City of Elgin. Certificate of insurance is attached to this contract . 6. Section A2-4 of the second amendment to the AIA Document is hereby deleted. 7 . Section 1 . 1A of the third amendment to the AIA Document is hereby amended by adding prior to the "Any requirements stated..." sentence, the following additional paragraph: "Such new parking structure shall be designed and constructed in substantial conformance with the building elevations and site plan prepared by Shales McNutt and furnished to the City of Elgin on or about January 20 , 2005 and true copies of which are attached hereto . " CITY OF ELGIN SHALES MCNUTT, LLC 40- s� � By: Mayor Its : Vr- Attest: City Clerk F:\Legal Dept\Agreement\Shales McNutt-Fourth Amendment-Fulton St.doc Page 2 of 2 ------------------------------ H Inv. :4 Am] snaies mcmuit CURSIPUCIlon -vv 1 infrastructure I IS V3 Services Ltd. 0 FGM Architects Engineers January 20,2005 6( 60C,.-tc,; ( N "\ O N C� � �t'• ,^ t t..� I 1 I1 -tilt{t!l iif rll4 if'1 itl4iill ttl�f r�1141(l I+If a ti ,l+t li ill i ! f s;k W .rii lr,.,t�els}rti;!ad�+ri+i!�.,,.'-�ii t. a ;i � VC-4 � * .14 4. O 3 :SFr N M I i I I f Ad� J`(. 0 rL.i�ke:a'+ri., P i _ 177- 77 Ll y t'h T l P r Fi de£ r F w rrdtF7vu1 tav, .:t''t;2 >X;.';:.✓ r b�<;.` �. a�. + ' 1 �v �`� � �. �' �y.,��`�'i" e.;v n x+ 'Xv XT+.'� v'S't`r G,�y,Aef � aah rl�", ,°r�} v...2�.ze7�`�`''•�u�,..'m*,�..4'v t`r• �� v'�W,'yv� 1`T`��.a�C �c`^^p�"�+}rr'�r u��`''��� r � f�rr���`�f fi-. a a $ .. - 'F'yd .. r �A�t .. ' '�..s_�c ►'►.k #' r �y���,�y"� _. , �" rr ^',:is.�'s''r,�gkztr � s w \-kt iSit u a t , r: - �,a � zv r-M� ; A rz 0 „_ "ryes.. .yes:,;.• . �� :�+` � �.ed ��2i,Y�iic a `•- _ __ sly$ V - .. s� -I f- 'JMIYefd I •tip .e i v n w Fri _�_;+'+'' �• a '�.�'