06-57 Resolution No. 06-56
RESOLUTION
AUTHORIZING EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT WITH
FGM ARCHITECTS ENGINEERS, INC. FOR FIRE STATION 7
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an architectural services agreement on behalf of the City of Elgin with FGM
Architects Engineers, Inc. for architectural services for Fire Station 7, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 8, 2006
Adopted: March 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Agenda Item No. r�l
j1 City of Elgin
February 17, 2006
TO: Mayor and Members of the City Council
,^FF. CC.)MMfU1"1
FROM: Olufemi Folarin, City Manager f
Gail Cohen, Human Resources and Purchasing Director
SUBJECT: RFP #06-001, Architectural Services for Fire Station 7
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract for architectural services for Fire Station 7.
RECOMMENDATION
It is recommended that the City Council approve award of a contract to FGM Architects
Engineers in an amount not to exceed $265,000.
BACKGROUND
In November of 2005, the City of Elgin identified property on Longcommon Parkway at Bowes
Road for the construction a fire station on the site. The selection of the site was based on a
comparison to the facility and location needs outlined in the Elgin Fire Department Risk &
Hazard Analysis Report of 2000 and through an analysis by Tri-Data Corporation. Multiple sites
were evaluated and examined prior to the selection of the Longcommon Parkway at Bowes Road
site. It was determined that this site would fulfill the objectives of providing effective
emergency response times in this district.
A Selection Committee consisting of members of the Fire Department, Purchasing, Engineering,
and Building Maintenance was convened to draft the Request for Proposals (RFP) and evaluate
the proposal responses. The scope of work included the Fire Department's fleet maintenance
facility, currently operating out of Station 2.
The Request for Proposals advertised in the January 2, 2006, Courier News and on the City's
website. Nine proposals were received on January 17, 2006 from the following firms: Charles
Vincent George; FGM Architects Engineers; Legat Architects; Earthtech; Cordogan Clark; Frega
Associates; KS+A; Williams Architects; and LTZ Filliung.
Architectural Services for Fire Station 7
February 17, 2006
Page 2
After individually and collectively evaluating the proposals, the Selection Committee chose three
firms for interviews, based upon the evaluation criteria in the RFP: FGM Architects Engineers;
Legat, and Earthtech.
Interviews were held with each of these three firms, during which the project manager and other
members of the project team discussed their relevant experience and approach to the project.
The Selection Committee was most highly impressed by FGM Architects Engineers who had the
most experience in the design of fire stations and who successfully designed and administered
the construction of Fire Station 6. References were checked for FGM's engineering
subcontractor who will consult on the fleet maintenance portion of the building and they were all
positive. The Selection Committee unanimously agreed that FGM Architects Engineers should
be recommended for award due to their extensive experience designing fire stations, which far
exceeded the experience of the other short-listed firms.
The Selection Committee met with FGM to discuss their cost proposal. FGM confirmed that the
prices stated therein are not-to-exceed prices (with the exception of Phase 1 which is a lump
sum) and includes all sub-consultants fees. Bidding documents will be passed to the City at cost
and we will re-coup some or all of the expense from bidders in the form of non-refundable bid
specification deposits. The not-to-exceed amount of the contract is $265,000.
Phase 1 Facility preliminary plan and $21,000
budget development
Phase 2 Facility Design, bidding and Lesser of 7.5% of final
award construction cost x .75% or
$180,000
Phase 3 Construction Administration Lesser of 7.5% of final
construction cost x .25% or
$60,000
Other Site Survey $4,000
GROUPS/INTERESTED PERSONS CONTACTED
None.
��� F�TANCIAL IMPACT
There are sufficient funds budgeted ($483,750) and available ($483,750) in account number 276-
0000-791.30-03, Grand Victoria Lease Fund, project 289506 to enter into a $265,000 contract
with FGM Architects Engineers.
Architectural Services for Fire Station 7
February 17, 2006
Page 3
LEGALIMPACT
T agreement is being reviewed by the Legal Department.
ALTERNATIVES
1. Award the contract as recommended by the Selection Committee.
2. Award the contract to another firm.
Respectfully submitted for Council consideration.
GAC
Attachment
,rte►
FEE PROPOSAL CITY OF ELGIN FIRE DEPARTMENT
PART B-FEE AL I
f"h',ki PROM' Below please find the proposed fee for the City of Elgin Fire Department's new Station No. 7.
PHASE I: $21,000 fixed fee
PHASE 11: 7.5%of final construction cost x .75%OR$180,000 (which ever is less.)
PHASE III: 7.5%of final construction cost x .25%OR $60,000 (which ever is less.)
In addition to the stated fee, FGM has left allowances for services not directly performed by FGM
but as stated in the contract under section 3.1.1.2.1.
SURVEY: $4,000
GEOTECHNICAL SERVICES: $4,000
These services would be billed as a direct cost to the owner if they were required.
The fee stated above excludes the following items:
• Material testing services during construction
• Printing of the project manual (plans and specifications) for bidding services
• Printing for any City/Governmental approval
• Expenses related to engineering and or testing of hazardous materials
�.
xhk F GM
ARCHITECTS • ENGINEERS
F- DESIGN SERVICES FOR FIRE STATION 7
TABULATION OF PROPOSALS
CITY OF ELGIN LEGAT ARCHITECTS EARTH TECH INC. FGM ARCHITECTS
2015 Spring Road Suite 175 10 SOUTH RIVERSIDE PLAZA 2403 Harnish Drive
RFP 06-001 Oak Brook, IL 60523 CHICAGO IL 60606 Algonquin, IL 60102
Department: FIRE
Phase Description Amount Amount Amount Amount
I Preliminary Design and Budgeting $ 13,980.00 $ 49,900.00 $ 21,000.00
lump sum
II Facility Design/Bidding/Award $ 216,909.00 %of construction NTE 6% $ 180,000.00
8%of construction cost NTE 7.5%of construction cost NTE
III Construction Administration $ 31,200.00 %of construction NTE 1.5% $ 60,000.00
8%of construction cost NTE 7.5%of construction cost NTE
TOTAL Not To Exceed $ 262,089.00 Cannot calculate $ 261,000.00
Other Survey
$ 4,000.00
AGREEMENT FOR DESIGNER SERVICES
BETWEEN
THE CITY OF ELGIN AND THE ARCHITECT
FOR DESIGN SERVICES FOR FIRE STATION 7
This Agreement is hereby made and entered into on the 8th day of March, 2006 is
between the City of Elgin, Illinois, a municipal corporation ("the City"), 150 Dexter Court ELGIN, IL
60120 and FGM Architects Engineers, Inc., an Illinois corporation ("the Architect") located at
1211 W. 22nd Street Oak Brook, IL 60523 for the services described herein and in the attached
Appendix"A", Request for Proposals ("RFP")attached hereto and made a part hereof.
For and in the promises and covenants contained herein,the sufficiency of which is hereby mutually
acknowledged, the parties hereto hereby agree to the following:
ARTICLE 1
DEFINITIONS
1.1. In General.
1.1.1. Well-known meanings. When words or phrases which have a well-known technical
or construction industry or trade meaning are used herein, such words or phrases shall be interpreted
in accordance with that meaning, unless otherwise stated.
1.1.2. Capitalization. The words and terms defined in this Article are capitalized in this
Agreement. Other capitalized words may refer to a specific document found in the Contract
Documents or may be defined in the General Terms and Conditions of the Contract.
1.1.3. Persons. Whenever the word person or persons is used, it includes, unless
otherwise stated, natural persons,joint ventures,joint stock companies, partnerships, associations,
clubs, companies, corporations, businesses, trusts or organizations.
1.1.4. Singular and Plural. The following terms have the meanings indicated which are
applicable to both the singular and the plural thereof.
1.2. Definitions.
1.2.1. Agreement- The Agreement is this written document between the City and the
Architect which is titled: Agreement for Designer Services between the City Of Elgin and the
Architect,which is the executed portion of the Contract. The Agreement also includes all documents
required to be attached thereto, including, but not limited to, certificates of insurance and also
includes the Request for Proposals, including all documents referenced therein and the Architect's
Proposal response thereto incorporated by reference herein and made a part hereof. In the event
there is a conflict between this form Agreement, the Proposal documents and any attachments, this
form Agreement shall control.
1.2.2. Change Order-A Change Order is a document which is signed by the Contractor
and the City which is directed to the Contractor and which authorizes the Contractor to make an
addition to, a deletion from,or a revision in the Work, or an adjustment in the sum or in the time of the
Contract issued on or after the date of the Contract.
1.2.3. Construction Cost-The Construction Cost is the total cost or estimated cost to the
City of all elements of the Project designed or specified by the Architect. The Construction Cost
Agreement for Designer Services Page 1
shall include the cost of labor at current prevailing wage rates established by the State of Illinois and
furnished by the City, materials and equipment designed,specified,selected,or specially provided for
by the Architect, plus a reasonable allowance for the overhead and profit. In addition, a reasonable
allowance for contingencies shall be included for market conditions at the time of bidding and for
changes in the Work during construction. Construction Cost does not include the compensation of
the Architect and the Architect's consultants,the costs of the land, rights-of-way,financing,or other
costs which are the responsibility of the City as provided herein.
1.2.4. Construction Documents - The Construction Documents consist of Plans and
Specifications setting forth in detail the requirements for the construction of the Project.
1.2.5. Contract Documents-The Contract Documents consist of the Agreement between
the City and the Contractor; the notice of award of the Contract; the Notice to Proceed; the entire
Project Manual;Change Orders;Work Change Directives;the Contractor's Bid and all accompanying
documents; and the Architect's written interpretations and clarifications issued on or after the
issuance of the Notice to Proceed.
1.2.6. Contract-The Contract consists of all the Contract Documents.
1.2.7. Contractor-The Contractor is the person who is awarded the construction contract
for the Project and is identified in the Agreement as such. The term "Contractor" is intended to
include the Contractor as well as its authorized representative(s).
1.2.8. General Terms And Conditions Of The Contract-General Terms and Conditions
of the Contract refers to the General Terms and Conditions of the Contract between the City and the
Contractor.
1.2.9. Product Data - Product Data are illustrations, standard schedules, performance
charts, instructions, brochures, diagrams, and other information furnished by the Contractor to
illustrate materials or equipment for some portion of the Work.
1.2.10. Project-The Project is the total construction of which the Work to be provided under
the Contract Documents may be the whole or a part of the Project as indicated elsewhere in the
Contract Documents and may include construction by the City or by separate contractors. The
Project is the Work described in the Request for Proposals, the Architect's Proposal response, the
invitation to bid and Specifications, and illustrated by the Plans.
1.2.11. Proposed Change Order-A Proposed Change Order is a Change Order that has
not been approved by the City.
1.2.12. Reimbursable Expenses-Reimbursable Expenses are in addition to compensation
for Basic and Additional Services and include expenses incurred by the Architect in the interest of the
Project, as identified by the following: long distance calls and faxes; fees paid for securing approval
of authorities having jurisdiction over the Project; reasonable expense of reproduction necessary for
the rendition of services hereunder, which expense shall not include the expense of producing the
sets of documents referred to in the Schematic Design Phase,the Design Development Phase,and
the Construction Document Phase herein, as these expenses are covered in the Architect's
compensation for Basic Services; expense of postage and such other expenses incurred in
connection with the Project when specifically authorized in advance in writing by the City. Payment for
all other documents, including bidding documents, shall be at cost.
Agreement for Designer Services Page 2
1.2.13. Samples-Samples are physical examples of materials,equipment,or workmanship
that are representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
1.2.14. Shop Drawings-Shop Drawings are all drawings,diagrams,illustrations,schedules,
and other information which are specifically prepared or assembled by or for the Contractor and
submitted by the Contractor to illustrate some portion of the Work.
1.2.15. Statement of Probable Construction Costs - The Statement of Probable
Construction Costs is a preliminary, detailed estimate of Construction Cost based on current area,
volume,or other unit costs. Such estimate shall indicate the cost of each category of work involved in
constructing the Project(including, but not limited to,filed sub-trades)and shall establish the period of
time for each category from the commencement to the completion of the construction of the Project.
The detailed estimate shall include quantities of all materials and unit prices of labor and material,as
well as a cost estimate containing individual line items for each item of work.
1.2.16. Substantial Completion-Substantial Completion means that the Work has been
completed and opened to public use, except for minor incomplete or unsatisfactory items that do not
materially impair the usefulness of the Work. The Architect shall decide what constitutes"minor,"
"incomplete,""unsatisfactory," and "materially" and the Architect's decision shall be final.
1.2.17. Work Change Directive - A Work Change Directive is a written directive to the
Contractor issued on or after the date of the contract between the City and the Contractor and signed
by the City and recommended by the Architect ordering an addition to, a deletion from, or a revision
in the Work.
1.2.18. Work-The Work means the construction and services required by the Construction
Documents, whether completed or partially completed, and includes all other labor, materials,
equipment, and services provided or to be provided by the Contractor to fulfill its obligations. The
Work may constitute the whole or a part of the Project.
ARTICLE 2
THE ARCHITECT'S RESPONSIBILITIES
2.1. STANDARD OF PERFORMANCE. The Architect shall perform the services under this
Agreement with the skill, care, and diligence in accordance with the high level of professional
standards prevailing in the greater Chicago area for the type of construction required herein. All of the
Architect's services under this Agreement shall be performed as expeditiously as is consistent with
such standards. The Architect shall be responsible in accordance with those standards for the
adequacy, safety, and overall integrity of the Project's design, including, but not limited to, the
architectural, structural, mechanical, and electrical design of the Project.
2.2. SCHEDULE OF PERFORMANCE. The schedule for the performance of the Architect's
services is attached hereto as APPENDIX B. The time limits established by the schedule approved
by the City shall not be exceeded by the Architect, except as otherwise provided herein. Time is of
the essence and time periods established by the Appendix "B", attached hereto and made a part
hereof, shall not be exceeded by the Architect except for delays due to causes outside the
Architect's control (which term shall not include staffing problems, insufficient financial resources,
consultant's default, or negligent errors or omissions on the part of either the Architect or any of its
consultants).
Agreement for Designer Services Page 3
2.3. TIMELINESS OF INTERPRETATIONS CLARIFICATIONS AND DECISIONS. With regard
to all phases of this Agreement, the Architect shall render interpretations, clarifications, and
decisions in a timely manner pertaining to documents submitted by the City or the Contractor in order
to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
2.4. RELATIONSHIP WITH THE CITY. For the purposes of this Agreement only,the Architect
shall be a representative of the City and shall advise and consult with the City until the termination of
the Contractor's warranty and correction period. This Agreement shall not be construed so as to
create a joint venture, partnership, employment or other agency relationship between the parties
hereto except to the extent specifically provided for by this Agreement.
ARTICLE 3
SCOPE OF THE ARCHITECT'S BASIC SERVICES
3.1. IN GENERAL.
3.1.1. The Architect's Basic Services shall consist of:
3.1.1.1. those services identified in the Request for Proposals, the Architect's
Proposal response thereto and those services identified below within the different
phases;
3.1.1.2. any other professional services which are reasonably necessary as
determined by the City for the design and administration of construction of the
Project, including, without limitation, the following:
3.1.1.2.1. all civil engineers; landscape architect; fire protection, life
safety, lighting, interior design, and normal structural, mechanical, and any
other engineering services necessary to produce a complete and accurate
set of Construction Documents (the cost for any and all professional
services is not subject to profit adjustments);
3.1.1.3. attending and providing testimony at any formal or informal hearings related
to the Project, including, but not limited to, bid protest hearings and City Council
meetings, if deemed necessary by the City. If the Architect is called as a witness in
a court of competent jurisdiction in a matter in which the Architect is a named party,
the Architect will not be additionally compensated. If the Architect is called by the
City as a witness in a matter in a court of competent jurisdiction in which the
Architect is not a named party, the Architect will be compensated according to
APPENDIX C attached hereto and made a part hereof;
3.1.1.4. preparing for and appearing on the City's behalf at all administrative or
regulatory hearings, presentations, or conferences with respect to any zoning,
building code, urban renewal, or other matters in connection with the Project,
including, without limitation, any hearings, presentations, or conferences with any
City, State, or Federal agencies or officials and any neighborhood groups. The
Architect's obligations under this paragraph shall include preparing plans and other
materials reasonably required in connection with any such hearings, presentations,
and conferences;
3.1.1.5. assisting the City in connection with the City's responsibility for filing
documents required for the approval of governmental authorities having jurisdiction
Agreement for Designer Services Page 4
over the Project. The Architect shall prepare the Plans and Specifications required
in order to obtain approval of, and in accordance with, all requirements of all
governmental agencies having jurisdiction over the Project. Any Plans and
Specifications furnished by the Architect which are discovered to be defective
during any Phase will be promptly corrected by the Architect at no cost to the City,
and the Architect will promptly reimburse the City for all damages, if any, resulting
from the use of such defective Plans and Specifications. The City's approval,
acceptance, use of or payment for all or any part of the Architect's services shall in
no way alter the Architect's obligations or the City's rights hereunder; and
3.1.1.6. all design and redesign services required within or between the Design
Development Phase and the Construction Documents Phase to keep the
Construction Cost of the Project within the fixed limit of Construction Cost.
3.1.2. As part of the Basic Services, the Architect shall prepare record drawings in
accordance with the following:
3.1.2.1. Record Keeping.
3.1.2.1.1. As the Construction Phase progresses,the Architect shall
review four separate sets of in-progress record drawings (blueline or
blackline)at the Site,one set each for mechanical, electrical, plumbing,and
architectural/structural disciplines that are prepared by the general
contractor or construction manager. All deviations from the Construction
Documents and the exact locations of the Work as installed and constructed
shall be neatly and accurately indicated. Work completed to date shall be
colored and highlighted.
3.1.2.2. Permanent Record Drawing Preparation.
3.1.2.2.1. The Architect shall transfer the information contained on
the in-progress record drawings to wash-off mylar transparencies of the
original contract drawings. All work shall be performed by experienced and
knowledgeable draftspersons using the same standards and quality of
drafting as used on the original drawings.
3.1.2.3. Review of Record Drawings at Substantial Completion.
3.1.2.3.1. Upon Substantial Completion of the Work or portions
thereof, the Architect or Engineer of record shall review the above
permanent record drawings.
3.1.2.4. Submission to the City.
3.1.2.4.1. The following shall be submitted to the City no later than
the date of Substantial Completion:
3.1.2.4.1.1. A complete set of original Construction Documents on
mylar and also on disk in AutoCad format.
3.1.2.4.1.2. Permanent record drawings as described above on
mylar with the seal of the Architect or Engineer of record.
Agreement for Designer Services Page 5
3.1.2.4.1.3. One set of blueline prints of the above.
3.1.2.4.1.4. Four sets of in-progress record drawings.
3.2. SCHEMATIC DESIGN PHASE.
3.2.1. Commencement. The Schematic Design Phase begins upon the full execution of
this Agreement.
3.2.2. Written Program. The Architect in consultation with the City and any other persons
designated by the City shall develop a written program for the Project to ascertain the City's
needs and to establish the requirements of the Project.
3.2.3. Preliminary Evaluation. The Architect shall provide a preliminary evaluation of the
City's program, schedule, and construction budget requirements,each in terms of the other.
3.2.4. Alternative Approaches. The Architect shall review with the City alternative
approaches to the design and construction of the Project.
3.2.5. Schematic Design Documents. The Architect shall prepare, for approval by the
City,Schematic Design Documents consisting of drawings and other documents illustrating
the scale and relationship of Project components. Based upon the program approved by the
City, as well as schedule and construction budget requirements, the Schematic Design
Documents shall comply with all applicable laws, statutes, ordinances,codes, orders, rules,
and regulations.
3.2.7. Statement of Probable Construction Costs. The Architect shall submit to the
City a Statement of Probable Construction Costs.
3.3. DESIGN DEVELOPMENT PHASE.
3.3.1. Commencement. The Design Development Phase begins upon the City's written
approval of the Architect's Schematic Design Documents.
3.3.2. Preparation of Design Development Documents. Based on the approved
Schematic Design Documents and any adjustments authorized by the City in the program,
schedule, or construction budget, the Architect shall prepare, for approval by the City,
Design Development Documents consisting of drawings and other documents to fix and
describe the size and character of the Project as to architectural, structural, mechanical,and
electrical systems; materials; and such other elements as may be appropriate. The Design
Development Documents shall be complete and unambiguous and shall comply with all
applicable laws, statutes, ordinances, codes, orders, rules, and regulations.
3.3.3. Adjustment to Statement of Probable Construction Cost. The Architect shall
advise the City in writing of any adjustments to the Statement of Probable Construction Cost
prior to the commencement of the Construction Document Phase. The approved adjustment
of the Statement of Probable Construction Cost or the Statement of Probable Construction
Cost, if there is no adjustment, shall constitute a fixed limit of Construction Cost as that term
is used herein. Such fixed limit, once established, shall be adjusted only by written
agreement of the City and the Architect, or as otherwise provided herein.
3.4. CONSTRUCTION DOCUMENT PHASE.
Agreement for Designer Services Page 6
3.4.1. Commencement. The Architect's responsibility to provide Basic Services for the
Construction Document Phase under this Agreement commences with the City's acceptance
and approval of the Design Development Documents and ends on the date the Bidding and
Award Phase commences.
3.4.2. Preparation of Plans and Specifications. Based on the approved Design
Development Documents and any further adjustments in the scope or quality of the Project or
in the construction budget authorized by the City,the Architect shall prepare,for approval by
the City, Plans and Specifications setting forth in detail the requirements for the construction
of the Project.
3.4.3. Preparation of Additional Bidding Information. The Architect shall assist the
City in preparing the bidding documents when requested by the City.
3.4.4. City-Generated Forms and Documents. The City shall provide the Architect with
copies of all City-generated forms and documents intended to be included in the Project
Manual. The Architect will include these forms and documents in its Project Manual. It is
the responsibility of the Architect to ensure that all such documents are included in the final
Project Manual. Any costs incurred as a result of the failure of the Architect to include any
such documents will be borne by the Architect and not charged to the City, where such
failure is the fault of the Architect. The Architect may propose changes to these
City-generated forms and documents; however, implementation of such changes is subject
to the unilateral approval of the City. No changes may be made to such documents without
the prior written consent of the City. The Architect shall prepare and submit to the City for
approval the entire Project Manual. The Architect is responsible for ensuring that the
Construction Documents comply with all applicable laws,statutes,ordinances,codes,orders,
rules and regulations. The Architect will cause the printing of the Project Manuals unless the
City instructs the Architect otherwise. The Project Manuals shall be printed on paper with a
minimum of 20%post consumer content. The cost of producing such Project Manuals will be
passed onto the City at cost.
3.4.5. Addenda. All addenda shall be issued by the Purchasing Director; however, at the
Purchasing Director's sole discretion, the Architect may be called upon to prepare a draft of
any such addenda. Any corrections to the Construction Documents which require an
addendum will be made by the Architect at no charge to the City.
3.4.6. Printing of Project Manual. The Architect must provide the City with a final draft
of the Project Manual and obtain approval from the City prior to printing. Any changes
required to be made to the Construction Documents as a result of errors by the Architect or
persons within its control will be promptly corrected at no cost to the City.The Architect shall
make its best efforts to print Project Manuals on paper containing a minimum of twenty
percent (20%) post consumer content. The printing cost of the project manual shall be a
reimbursable expense to the Architect. The printing cost of drawings or manuals for any
City/Governmental approvals shall be a reimbursable expense to the Architect.
3.4.7. Delivery of Project Manual. The Architect will use its best efforts to ensure that
the Purchasing Department receives the number of Project Manuals requested by the
Purchasing Department no later than 3:00 p.m. on the day prior to the first day of
advertisement of the Invitation to Bid.
Agreement for Designer Services Page 7
3.4.8. Adjustment to Statement of Probable Construction Cost. The Architect shall
advise the City in writing of any adjustments to Statement of Probable Construction Cost
indicated by changes in requirements or general market conditions.
3.5. BIDDING AND AWARD PHASE.
3.5.1. Commencement. The Bidding and Award Phase commences on the date the
Invitation to Bid is first advertised and ends on the date the Construction Phase begins.
3.5.2. Additional Bidders. The Architect shall assist the City in obtaining bids if, in the
opinion of the Purchasing Director, an insufficient number of persons requested the Project
Manual. The Architect will notify"responsive"and"responsible"persons(as those terms are
defined in the Elgin Municipal Code) of the Invitation to Bid.
3.5.3. When Lowest Bid Exceeds Total Construction Cost. If the lowest bona fide bid
by a Contractor exceeds the total construction cost of the Project as set forth in the approved
Statement of Probable Construction Costs by more than ten percent(10%), then upon the
request of the City,the Architect will revise the Plans and Specifications in consultation with
the City to reduce or modify the quality or quantity, or both, of the Work so that the total
construction cost of the Project will not exceed the total construction cost set forth in the
Statement of Probable Construction Costs by more than ten percent (10%). All revisions
pursuant to this paragraph shall be at the Architect's sole cost and expense(which cost and
expense include, but are not limited to the Architect's time,the cost of reprinting the Project
Manual, and the cost of readvertisement of the Project).
3.5.4. Pre-Bid Conferences. The Architect shall attend all prebid conferences.
3.5.5. Investigation of Bidders. The Architect shall investigate, at minimum,the lowest
Bidder. The investigation shall include, but is not limited to, reviewing the files maintained by
the Department of Capital Planning and Operations, or any other governmental agency
charged with maintaining such documents related to such Bidder, telephoning or writing
owners of the Bidder's prior projects, telephoning or writing architects from such prior
projects, visiting the sites of such other projects and checking all other appropriate
references. The Architect shall provide the City with a detailed letter of approval or
disapproval of such Bidder. The letter must include relevant language from the appropriate
state laws regarding the responsiveness and responsibility of Bidders. If the Architect
disapproves of the lowest Bidder,then the Architect must investigate the next lowest Bidder
in the same manner described above, and continue to investigate each successive low
Bidder until a Bidder is approved. For every Bidder investigated,the Architect must provide
the City with a detailed letter as described above.
3.5.6. Preparation of Contract. To the extent required, the Architect shall assist the
Purchasing Director in the preparation of the construction contract. .
3.6. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT.
3.6.1. Commencement. The Construction Phase commences with the full execution of the
contract for construction and terminates on the date of expiration of all of the guarantees and
warranties provided by the Contractor to the City.
3.6.2. Change in Architect's Duties,Etc. Construction Phase duties, responsibilities,and
limitations of authority of the Architect shall not be extended without written agreement of the
Agreement for Designer Services Page 8
City and the Architect. Any restrictions or modifications to the Architect's duties and
responsibilities can be imposed by the City without the consent of the Architect.
3.6.3. Preconstruction Conferences. The Architect shall attend all preconstruction
conferences.
3.6.4. Site Visits. The Architect shall visit the Site at intervals appropriate to the stage of
construction, but no less than once a week, or as otherwise agreed by the City and the
Architect,to become familiar with the progress and quality of the Work and to determine with
care if the Work is proceeding in accordance with the requirements of the Contract
Documents. The Architect shall cause its engineering and other consultants to make similar
Site visits,at such times as may be required for observation of portions of the Work designed
and/or specified by them. The Architect shall not be required to make continuous on-site
inspections to check the quality or quantity of the Work. The Architect shall promptly submit
to the City a detailed written report subsequent to each on-site visit,which shall include any
observation of material deviations by the Contractor or subcontractors from the requirements
of the Contract Documents.
3.6.5. Job Meetings. There shall be job meetings at intervals appropriate to the
complexity of the Project at a particular stage, but no less than one job meeting per week,or
as otherwise agreed by the City. The Architect shall attend all job meetings. The number of
meetings per week will depend on the complexity of the Project at a particular stage, the
problems encountered on the Project,or the City's request that additional meetings be held.
The Architect shall also be required to be present when governmental authorities having
jurisdiction over the Project visit the Site to inspect the Work. The Architect will exercise
good care and diligence in discovering and promptly reporting to the City, as well as to the
Contractor, any defects or deficiencies in the Work.
3.6.6. Construction Means, Methods, Etc. The Architect shall not have control over or
charge of and shall not be responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions and programs in connection with the
Work. However,the Architect shall promptly report to the City any perceived irregularities.
3.6.7. Contractor's Schedule. Except as otherwise provided in this Agreement, the
Architect shall not be responsible for the Contractor's schedules or failure to carry out the
Work in accordance with the Contract Documents, except to the extent that such failure is
caused by the Architect. Except as otherwise provided in this Agreement, the Architect
shall not have control over or charge of acts or omissions of the Contractor, its
Subcontractors, or their agents or employees,or of any other persons performing portions of
the Work. However, nothing in this paragraph shall relieve the Architect of its obligations to
the City elsewhere in this Agreement. The Architect shall review all schedules presented by
the Contractor and advise the City as to the appropriateness of same.
3.6.8. Applications and Certifications for Payment. Based on the Architect's
observations of the Work and evaluations of the Contractor's applications for payment, the
Architect shall review and certify the appropriate amounts due the Contractor within five(5)
business days after receipt of the Contractor's application for payment, and such
certifications shall be in the form requested by the City. The Architect's certification for
payment shall constitute a representation to the City based on the Architect's observations
at the site and on the data comprising the Contractor's application for payment that the Work
has progressed to the point indicated and the quality of Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the
Agreement for Designer Services Page 9
Contract Documents correctable prior to completion and to specific qualifications expressed
by the Architect. The Architect is required to review and validate the certified payrolls. The
Architect is required to reconcile the applications for payment with the certified payrolls. The
issuance of a certificate for payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified. The Architect shall establish office
procedures assuring either immediate mail or messenger delivery of the approved
applications for payment to the City.
3.6.9. Rejection of Work. The Architect shall have the responsibility, obligation, and
authority to reject Work which(1)does not conform to the Contract Documents;(2)which the
Architect believes to be defective; and (3) the Architect believes will not produce a
completed Project that conforms to the Contract Documents or that will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents and shall promptly notify the City of such rejection. Whenever the
Architect considers it necessary or advisable for implementation of the intent of the Contract
Documents, the Architect will have the responsibility, obligation, and authority to require
additional inspection or testing of the Work in accordance with the provisions of the Contract
Documents, whether or not such Work is fabricated, installed, or completed; provided,
however, the Architect must obtain the City's prior written approval of any such special
inspection or testing. However, neither this authority of the Architect nor a decision made in
good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractor, Subcontractors, Suppliers, other persons
performing portions of the Work.
3.6.10. Submittals. The Architect shall review and approve or take other appropriate
action upon the Contractor's submittals such as Proposed Change Orders, Shop Drawings,
Product Data, and Samples, for the purpose of: (a)determining compliance with applicable
laws, statutes, ordinances,codes,orders, rules,and regulations;and(b)determining whether
the Work, when completed, will be in compliance with the requirements of the Contract
Documents. The Architect's action shall be taken with such reasonable promptness as to
cause no delay in the Work taking into account the time periods set forth in the latest
schedule prepared by the Contractor and approved by the Architect and, in any event, such
action shall be taken within fourteen (14) days after submittal to the Architect. The
Architect shall indemnify the City for any monies paid by the City to the Contractor as a
result of the Architect's delay in taking appropriate action, as described above,where such
delay is not caused in any part by the City. Review of such submittals is not conducted for
the purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or performance of
equipment or systems designated by the Contractor, all of which remain the responsibility of
the Contractor to the extent required by the Contract Documents. The Architect's review
shall not constitute approval of safety precautions or, unless otherwise specifically stated by
the Architect, of construction means, methods, techniques,sequences,or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which
the item is a component. When professional certification of performance characteristics of
materials,systems,or equipment is required by the Contract Documents,the Architect shall
be entitled to rely upon such certification to establish that the materials, systems, or
equipment will meet the performance criteria required by the Contract Documents.
3.6.11. Change Orders and Work Change Directives. The Architect shall prepare
Change Orders and Work Change Directives, with supporting documentation and data if
deemed necessary by the Architect for the City's consideration, approval and execution in
accordance with the Contract Documents. Notwithstanding anything else to the contrary in
Agreement for Designer Services Page 10
this Agreement,any and all proposed Change Orders or proposed Work Change Directives
shall require the approval of the City.
3.6.12. Interpretations, Clarifications, and Decisions of the Architect.
3.6.12.1. The Architect will interpret, clarify, and decide matters concerning
performance under and requirements of the Contract Documents on written request
of either the City or the Contractor. The Architect's response to such requests will
be made with reasonable promptness and within the time set forth herein. Any such
written interpretations,clarifications,or decisions shall be binding on the Contractor.
Interpretations, clarifications, and decisions of the Architect shall be consistent with
the intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings. The Architect may, as the Architect judges
desirable, issue additional drawings or instructions indicating in greater detail the
construction or design of the various parts of the Work; such drawings or
instructions may be effected by a field order or other notice to the Contractor,
provided such drawings or instructions are reasonably consistent with the previously
existing Contract Documents. The Architect shall not be liable for results of
interpretations, clarifications, and decisions so rendered in good faith and in the
absence of negligence by the Architect.
3.6.12.2. Time Limit for Rendering Decisions. The Architect shall render
written interpretations, clarifications, and decisions within a reasonable time, but in
no event more than seven (7) days after receipt of same.
3.6.13. Aesthetic Effect. The Architect's decisions on matters relating to aesthetic effect
must be consistent with the City's. The Architect shall advise the City in matters relating to
aesthetic effect; however, the City's decision in these matters shall be final.
3.6.14. Claims.
3.6.14.1. Initial Referral. All claims, the bases of which arise prior to final
payment or the earlier termination of the Contract, shall be referred initially to the
Architect for action as provided herein.
3.6.14.2. Time Period and Action. The Architect shall review Claims and
shall do one of the following within seven (7) days of receipt of the Claim:
3.6.14.2.1. defer any action with respect to all or any part of a Claim for the
purpose of requesting and receiving additional information from either party;
3.6.14.2.2. decline to render a decision for any reason which it deems
appropriate (including, but not limited to, the fact that the Claim involves
allegations of fault on the part of the Architect); or
3.6.14.2.3. render a decision on all or a part of the Claim.
If the Architect requests additional information,the Architect shall take action with
respect to the Claim no later than seven (7) days after receipt of the additional
information. The Architect shall notify the parties in writing of its disposition of such
Claim. If the Architect decides that the Work relating to such Claim should proceed
regardless of its disposition of such Claim, the Architect shall issue to the
Contractor a written order to proceed.
Agreement for Designer Services Page 11
3.6.14.3. Decisions.
3.6.14.3.1. Decisions by the City or the Architect. In every casein
which this Contract requires the City,any official,or its Architect to make a
decision on interpretation of the Specifications, approval of equipment,
material or any other approval, or progress of the Work, the decision shall
be made promptly and, in any event, no later than[seven(7)]days after the
written submission for decision; but if such decision requires extended
investigation and study, the City, the official, or the Architect shall, within
seven(7)days after the receipt of the submission,give the party making the
submission written notice of the reasons why the decision cannot be made
within the seven-day period and the date by which the decision will be made.
3.6.14.4. Resolved Claims. If a Claim is resolved,the Architect shall obtain
or prepare the appropriate documentation and provide the City and the Contractor
with a copy of same.
3.6.15. Determination of Substantial and Final Completion. On behalf of the City, the
Architect shall conduct inspections, determine the dates of Substantial Completion and final
completion, and shall issue a certificate of Substantial Completion, with the prior written
consent of the City. Such inspections shall include a reasonable number of Site visits by the
Architect and the Architect's engineering consultants. The Architect shall provide to the
City a written report of all findings with recommendations for appropriate action. The
Architect will receive and review(and approve or disapprove, as the case may be)written
guarantees, operating manuals, spare parts lists, value charts, and related documents
required by the Contract Documents to be assembled by the Contractor.When the Architect
is satisfied that all such documents are complete as required by the Contract Documents,the
Architect shall issue a final certificate of payment.
3.6.16. Inspection Prior to End of Guarantee Period. Notwithstanding any other provision
in this Agreement,at least thirty(30)days prior to the expiration of the Contractor's guarantee
period, the Architect shall assist the City in inspecting the Project at the City's request and
provide to the City a written report of all findings with recommendations for appropriate
action. Such inspections shall include a reasonable number of Site visits by the Architect
and the Architect's engineering consultants.
3.6.17. Certificate of Occupancy. The Architect shall be responsible for satisfying any and
all requirements with respect to services of an architect necessary to obtain a permanent
certificate of occupancy under the City Of Elgin codes or other applicable codes or
regulations.
3.6.18. Limitation on the Architect's Responsibilities.
3.6.18.1. Neither the Architect's authority to act under the provisions of the
Contract Documents nor any decision made by the Architect in good faith to
exercise or not to exercise such authority shall give rise to any duty or responsibility
of the Architect to the Contractor, any Subcontractor, any Supplier, any surety for
any of them, or any other person.
3.6.18.1.1. The Architect will not have control over or charge of and
will not be responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions and programs in
connection with the Work, since these are solely the Contractor's
Agreement for Designer Services Page 12
responsibility as provided in the General Terms and Conditions. The
Architect will not be responsible for the Contractor's failure to carry out the
Work in accordance with the Contract Documents. The Architect will not
have control over or charge of and will not be responsible for acts or
omissions of the Contractor, Subcontractors, Suppliers, or of any other
persons performing portions of the Work.
ARTICLE 4
ARCHITECT'S ADDITIONAL SERVICES
4.1. IN GENERAL. The services described hereunder shall be paid for by the City in addition to
the compensation for Basic Services. Prior to performing any service which the Architect claims to
be an Additional Service,the Architect shall notify the City in writing that the service is an Additional
Service, and shall provide with such notice an estimate of the additional compensation which will be
payable to the Architect for performing such service. Such service shall not be performed, nor shall
such estimate be exceeded,without the City's prior written approval. Failure to so notify the City and
obtain the City's written approval shall constitute a waiver of the Architect's claim for additional
compensation on account of such services. These services shall be provided only if authorized or
confirmed in writing by the City. Notwithstanding anything to the contrary in this Agreement,the City
shall not be responsible to pay and the Architect shall not be entitled to receive compensation for any
additional service if such service was required due to the fault of the Architect or the Architect's
failure to perform in accordance with the terms of this Agreement. Neither the Architect nor its
consultants shall be compensated for any services involved in preparing changes that are required for
additional Work that should have been anticipated by the Architect in the preparation of the
Construction Documents, as reasonably determined by the City.
4.2. LIST OF ADDITIONAL SERVICES. The following list of Additional Services is intended to be
illustrative and not considered all inclusive:
4.2.1. Making major revisions in Plans, Specifications, or other documents when such
major revisions are:
4.2.1.1. inconsistent with approvals or instructions previously given by the
City, including revisions made necessary by adjustments in the City's program or
project budget;
4.2.1.2. required by the enactment or revision of codes, laws,or regulations
subsequent to the preparation of such documents; or
4.2.1.3. due to changes required as a result of the City's failure to render
decisions in a timely manner and where such failure is in no way caused by the
Architect.
4.2.2. Providing services required because of major changes in the Project instigated by the
City;
4.2.3. Material design work requested by the City in connection with Change Orders,
Construction Change Directives,and the Contractor's value engineering proposals, provided
that evaluation and judgments of the proposed changes and value engineering substitutions
shall be provided as a Basic Service;
Agreement for Designer Services Page 13
4.2.4. 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; provided, however,that such services are not required as a result
of the negligence of the Architect; and
4.2.5. Providing any other services not otherwise included in this Agreement.
ARTICLE 5
OTHER CONDITIONS OR SERVICES
5.1. OTHER SERVICES. Any other services which are part of Basic Services are set forth in
APPENDIX D attached hereto and made a part hereof.
5.2. HAZARDOUS MATERIALS. Unless otherwise provided in this Agreement,the Architect and
the Architect's consultants shall have no responsibility for the discovery, presence, handling,
removal,or disposal of,or exposure of persons to hazardous materials in any form at the Project Site,
including, but not limited to, asbestos, asbestos products, polychlorinated biphenyl, or other toxic
substances, provided, however, the Architect shall report to the City the presence and location of
any hazardous material observed by the Architect (or any material suspected to exist) or that an
architect of similar skill and expertise should have observed.
ARTICLE 6
THE CITY'S RESPONSIBILITIES
6.1. REQUIREMENTS FOR THE PROJECT. The City shall consultwith the Architect regarding
requirements for the Project, including the City's contemplated objectives,schedule,constraints,and
criteria, including space requirements and relationships,flexibility,expandability, special equipment,
systems, and site requirements.
6.2. BUDGET. The City shall consult with the Architect in order to establish and update an
overall budget for the Project, including the Construction Cost,the City's other costs and reasonable
contingencies related to all of these costs.
6.3. AUTHORIZED REPRESENTATIVE The City shall designate a representative authorized to
act on the City's behalf with respect to the Project. The City or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Architect in order to
avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
6.4. CONSULTANTS. The City shall furnish the services of consultants not listed in the
advertisement for the Request for Proposals when the City deems such services to be necessary.
6.5 FURNISHING INFORMATION OR SERVICES. Notwithstanding anything to the contrary
written herein,the City shall only furnish information or services described in herein to the extent that
any such information or service is reasonably required by the Architect to perform its services under
this Agreement. The Architect shall review and confirm the sufficiency of any test and information
furnished to the Architect by or on behalf of the City pursuant to this section.
6.6. NOTICE OF FAULT OR DEFECT. The City shall give reasonable and timely written notice
to the Architect, if the City becomes aware of any fault or defect in the Project or nonconformance
with the Contract Documents.
Agreement for Designer Services Page 14
ARTICLE 7
RIGHTS AND RESULTS OF SERVICES
7.1. IN GENERAL. The results of the Architect's services under this Agreement shall be the
exclusive property of the City, 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 City and shall be
delivered to the City upon request(except for one copy which may be retained by the Architect 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 City. It is agreed that the results of the
Architect's services and the work product provided under this Agreement are not intended or
represented to be suitable for reuse by the City at any Project not contemplated by this Agreement,
and such reuse shall be without liability to the Architect.
ARTICLE 8
BASIS OF COMPENSATION
8.1. IN GENERAL. For Basic Services, compensation shall be as provided in APPENDIX E.
8.2. STIPULATED SUM. Where the compensation is based on a stipulated sum, progress
payments for Basic Services in each phase shall be as stated in APPENDIX F.
8.3. MATERIAL CHANGE IN SCOPE OR SERVICES. Any material change in the scope or
services of the Project or the Architect's services shall require a written amendment to this
Agreement approved by the City Council of the City.
8.4. ADDITIONAL SERVICES OF THE ARCHITECT. For Additional Services of the Architect,
compensation shall be as stated in APPENDIX C.
8.5. ADDITIONAL SERVICES OF THE CONSULTANTS. For additional services of consultants,
compensation shall be the actual cost billed to the Architect for such services stated in APPENDIX
G.
8.6. REIMBURSABLE EXPENSES. For Reimbursable Expenses, compensation shall be the
actual cost billed to the Architect for such services.
ARTICLE 9
PAYMENT TO THE ARCHITECT
9.1. The City shall make payments directly to the Architect within forty-five (45) days after the
City receives and approves the Architect's detailed certified monthly statement. The detailed
monthly statement must include, at minimum, itemized hours and work performed by the Architect
(including, but not limited to, all employees of the Architect and its agents), and an itemized list of
Reimbursable Expenses. Records of the Architect's expenses and hours pertaining to this Project
shall be kept in accordance with generally accepted accounting principles,which principles shall be
consistently applied. Said records shall be available to the City or its authorized representative upon
reasonable notice for inspection and copying during regular business hours for six(6)years after the
date of the final certificate of payment.
Agreement for Designer Services Page 15
9.2. No payments will be made in advance of services rendered.
9.3. Deductions may be made from the Architect's compensation, if the Architect has not
properly performed the services required in accordance with the terms of this Agreement.
9.4. Notwithstanding anything to the contrary provided herein,Architects total compensation for all
services and reimbursables shall not exceed the sum of $265,000 (fee) and $5,000
(reimbursables)without prior written approval by the City.
ARTICLE 10
INSURANCE REQUIREMENTS
10.1. The Architect at its own expense must obtain and maintain a professional liability insurance
policy covering negligent errors, omissions, and acts of the Architect or of any person for whose
performance the Architect is legally liable arising out of the performance of such contracts for design
services. The City may require a consultant employed by the Architect subject to this subparagraph
to obtain and maintain a similar liability insurance policy. If the Architect is required by the City to
obtain all or a portion of such insurance coverage, it shall at its own expense furnish a certificate or
certificates of insurance coverage to the City prior to the award of the contract. Certificates of
insurance are attached hereto as APPENDIX H. Any amendments these insurance requirements are
set forth in APPENDIX H.
10.2. Any insurance carrier utilized to fulfill the insurance requirements of this Contract shall have a
minimum A.M. Best rating of A-X.
10.3. The Architect and its structural, mechanical, and electrical engineering consultants shall
each maintain the following minimum insurance coverages written in occurrence form, with the
exception of that stated in 10.3.6:
10.3.1. Workers' Compensation insurance in compliance with Illinois law;
10.3.2. Employer's liability policy covering bodily injury by accident ($100,000 each
occurrence)and bodily injury by disease($100,000 each employee, $500,000 policy limit);
10.3.3. Comprehensive automobile liability insurance including hired, non-owned, and
leased vehicles, if any, in the amount of$1,000,000 covering personal injury, bodily injury,
and property damage;
10.3.4. Valuable Papers insurance in the amount of$100,000 covering damage to plans,
drawings, computations,filed notes, or other similar data relating to the Work covered by
this Agreement;
10.3.5. Commercial general liability insurance with a primary limit of not less than
$1,000,000 combined single limit and naming the City as an additional insured; and
10.3.6. Professional Liability insurance in an amount not less than$1,000,000 or ten per
cent(10%)of the Project's estimated cost of construction, or such larger amounts as the
City may require, for the applicable period of limitations, including contractual liability
coverage with all coverage retroactive to the earlier date of this Agreement or the
commencement of the Architect's services in relation to the Project.
Agreement for Designer Services Page 16
10.4. All insurance shall be provided by companies qualified and licensed to do business in the
State of Illinois and acceptable to the City, and shall be maintained for a period of six (6) years
following the last performance of services under this Agreement. Certificates evidencing such
insurance shall be furnished to the City upon the execution of this Agreement by the Architect
and upon each renewal period thereafter. The policies shall provide that the policies shall not be
cancelled, renewed, 6r amended without thirty(30)days' prior notice to the City. All requests by
the Architect for approval of engineers or other consultants shall be accompanied by certificates
setting forth the types and amounts of insurance carried by them. The Architect shall require
each such engineer or other consultant approved by the City to maintain the insurance shown in
such certificate in accordance with the provisions of this paragraph.
10.5 The insurance for which the City is to be named as an additional insured shall apply as
primary insurance with respect to any other insurance or self-insurance programs afforded to the
City.There shall be no endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be
endorsed to be primary with respect to the City.
ARTICLE 11
TERMINATION, SUSPENSION, OR ABANDONMENT
11.1. TERMINATION. Notwithstanding any other provision hereof, the City may terminate this
Agreement at anytime upon fifteen(15)days prior written notice to the Architect. In the event this
Agreement is so terminated, the Architect shall be paid for services actually performed and
reimbursable expenses actually incurred prior to termination except that reimbursement shall not
exceed the task amounts set forth under Appendix E or Appendix F.
11.2. SUSPENSION. The City reserves the right to stop or suspend the work upon seven (7)
days written notice to the Architect, with no resulting fee adjustment to the Architect, unless
suspension extends for more than twelve(12)months, in which case the Architect's compensation
shall be equitably adjusted when the Project is resumed to provide for expenses incurred in the
interruption and resumption of the Architect's services. The Architect shall have no cause for
termination of this Agreement based upon suspension of the Project unless the suspension
extends for more than twelve (12) months.
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Illinois.
12.2. VENUE. Venue for any court action or proceeding shall be in the circuit court of Kane
County, in the State of Illinois only. The Contractor, all Subcontractors,and Suppliers waive any
and all jurisdictional and venue defenses.
12.3. PARTNERS,SUCCESSORS,ASSIGNS,ETC. The City and the Architect, respectively,
bind themselves,their partners, successors, assigns, and legal representatives to the other party
to this Agreement and to the partners, successors, assigns,and legal representative of such other
party with respect to all covenants of this Agreement.
12.4. PROHIBITION AGAINST ASSIGNMENT. The Architect shall not assign, in whole or in
part, its rights and obligations under the Contract Documents without prior written consent of the
City,which consent may be withheld in the sole discretion of the City. An assignment without the
prior written consent of the City shall not relieve the Architect of its obligations thereunder.
Agreement for Designer Services Page 17
12.5. THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party against either the City or
the Architect.
12.6. NOTICES AND DEMANDS. Notices and demands required by or permitted to be given
hereunder shall be hand-delivered or given by registered or certified mail and shall be addressed
to the parties at the addresses set forth in APPENDIX I. Such notices and demands may be sent
by facsimile transmission if such transmission is followed by hand delivery or registered or certified
mail on the same day or the following business day. Notice and demands shall be deemed to
have been given when delivered, or when mailed, or when transmitted by facsimile, if followed by
hand delivery or registered or certified mail as provided herein.
12.7. WAIVER OF RIGHTS. The City's review, approval,acceptance,or payment for services
under this Agreement shall not operate as a waiver of any rights under this Agreement and the
Architect shall be and shall remain liable to the City for all damages incurred by the City as the
result of the Architect's failure to perform in conformance with the terms and conditions of this
Agreement.The rights and remedies of the City provided for under this Agreement are in addition
to any other rights or remedies provided or allowed by law.
12.8. PERSONAL LIABILITY. No member,officer,director,trustee, representative,consultant,
volunteer participant,or employee of the City shall be personally liable to the Architect under any
term or provision of this Agreement for the City's payment obligation or otherwise, or because of
any breach hereof.
12.9. INDEMNIFICATION. To the fullest extent permitted by law, Architect agrees to and shall
indemnify and defend and hold harmless the City, its officers, employees, agents, boards and
commissions from and against all claims, costs and liability arising out of the Architect's services
hereunder, to the extent that such claims, costs and liability are the result of the negligent acts,
errors or omissions of the Architect, or breaches by the Architect of its obligations hereunder or
are claimed to be the result thereof, including, but not limited to, negligent act, errors or omissions
of employees or agents of the Architect arising out of the performance of this Agreement. In the
event of any action against the City, its officers, employees, agents, boards or commissions
covered by the foregoing duty to indemnify, defend and hold harmless such action shall be
defended by legal counsel of the City's choosing.
12.10. ARCHITECT'S PRINCIPALS AND SENIOR PERSONNEL. The City is relying on the
continued participation in the Project of the principals and senior personnel whose names and time
commitments and, where applicable, Illinois professional registration numbers are listed in the
attached APPENDIX J. The Architect shall not remove any such individual from the Project or
reduce his or her time commitment to the Project without the City's written consent unless such
individual dies, becomes disabled, or terminates his or her employment. The replacement of any
individual listed in APPENDIX J shall be subject to the City's written approval.
12.11 USE OF PROJECT-RELATED DOCUMENTS. The Architect may, upon prior written
consent of the City, include representations of the design of the Project, including photographs of
the exterior and interior, among the Architect's promotional and professional materials. The
Architect's materials shall not include the City's confidential or proprietary information if the City
has previously advised the Architect in writing of the specific information considered by the City to
be confidential or proprietary. The City shall provide professional credit for the Architect on the
construction sign for the Project. The City considers all information concerning the Project to be
confidential and proprietary unless otherwise expressly indicated in writing to the Architect.
12.12 BREACH OF CONTRACT. If either party violates or breaches any material term of this
Agreement, such violation or breach shall be deemed to constitute a default, and the other party
has the right to seek such administrative, contractual or legal remedies as may be suitable to the
Agreement for Designer Services Page 18
violation or breach; and, in addition, if either party, by reason of any default,fails within fifteen(15)
days after notice thereof by the other party to comply with the conditions of the Agreement, the
other party may terminate this Agreement.
12.13 NONDISCRIMINATION. In all hiring or employment made possible or resulting from this
Agreement, there shall be no discrimination against any employee or applicant for employment
because of sex, age, race, color, creed, national origin, marital status, of the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment advertising,
layoff or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any services
or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,
creed, national origin, age except minimum age and retirement provisions, marital status or the
presence of any sensory, mental or physical handicap. Any violation of this provision shall be
considered a violation of a material provision of this Agreement and shall be grounds for
cancellation, termination or suspension, in whole or in part, of the Agreement by the City.
12.14 NO CO-PARTNERSHIP OR AGENCY. This agreement shall not be construed so as to
create a partnership,joint venture, employment or other agency relationship between the parties
hereto.
12.15 MODIFICATION OR AMENDMENT. This Agreement and its attachments constitutes the
entire Agreement of the parties on the subject matter hereof and may not be changed, modified,
discharged or extended except by written amendment duly executed by the parties. Each party
agrees that no representations or warranties shall be binding upon the other party unless
expressed in writing herein or in a duly executed amendment hereof, or change order as herein
provided.
12.16 NEWS RELEASES. The Architect may not issue any news releases without prior approval
from the City, nor will the Architect make public proposals developed under this Agreement
without prior written approval from the City prior to said documentation becoming matters of public
record.
12.17 COOPERATION WITH OTHER CONSULTANTS. The Architect shall cooperate with any
other consultants in the City's employ or any work associated with the Project.
12.18 INTERFERENCE WITH PUBLIC CONTRACTING. The Architect certifies hereby that it is
not barred from bidding on this Agreement as a result of a violation of 720 ILCS 5/33E et-seq. or
any similar state or federal statute regarding bid rigging.
12.19 SEXUAL HARASSMENT. As a condition of this Agreement, the Architect shall have
written sexual harassment policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
Agreement for Designer Services Page 19
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
CITY OF ELGIN ARCHITECT—FGM ARCHITECTS ENGINEERS
Olufemi Fol ohn . Ochoa, AIA
Ci Manager Priae dent/CEO
Agreement for Designer Services Page 20
• y
CITY OF ELGIN
Fire Department
550 Summit Street
Elgin, Illinois 60120
REQUEST FOR PROPOSALS 06-001
Fire Station 7
Issued: December 29, 2005
y
station at Longcommon Parkway at Bowes Rd. The construction of the facility should
focus on functionality, efficiency and high quality to the maximum extent possible within
the available budget.
1.5 Professional Services Required
The professional services needed for this project will include providing all architectural,
mechanical, electrical, electronic, structural and civil engineering services needed to
design, bid and construct the subject project. The selected Firm must provide all
services necessary to meet the goals and the objectives of the project. Further
information on the services that the City anticipates will be needed for this project is
contained in Section 3.0.
1.6 City Contact
Attn: Mike Baker, Assistant Chief
Elgin Fire Department
550 Summit Street
Elgin, IL 60120
(847) 931-6181 (office)
(847) 931-6179 (fax)
Email: baker—w@cityofelgin.org
1.7 Receipt of Proposal Deadline
The deadline for receipt of proposals is January 16, 2006 at 11:00 a.m. in the
Purchasing Department office at Elgin City Hall, 150 Dexter Ct., Elgin, IL 60120
1_8 Proposal Schedule
December 29, 2005 Firms Issued the RFP
January 9, 2006 Question and Answer Sessions Held With Proposing Firms
At Fire Station 6, 707 W. Chicago St., Elgin at 9:OOam
All interested Firms Tour Building Site with City Staff
January 16, 2006 Written Proposals Must be Submitted by 11:00 a.m. in the
Purchasing Department Office at City Hall, 150 Dexter Court
January 23, 2006 Proposal Presentation at Fire Station 6, 707 W. Chicago St.,
Elgin
January 30, 2006 Firm Selected and Negotiations Initiated
3
2.2 Phase II
a. Finalize facility design based on the final Phase I concept.
b. Compile bid documents and construction drawings.
C. Work with staff in construction bid procedures. The bidding process will be
coordinated through the City Purchasing Department.
2.3 Phase III
Manage construction of facility and oversee contractors as awarded through bidding
process. The project management shall be a "Turn Key" operation with the site turned
over to the City after completion.
3.0
SCOPE OF SERVICES
3.1 The City to Provide
The firm selected to do the project will be provided with the following:
a. Notes and pictures from staff discussions and site visits for
features/equipment needed in a new fire station.
b. Staff contact, as needed, to facilitate the project.
3.2 Architectural/Engineering Services to be Provided
The Firm selected for the project must provide all services necessary to meet the goals
and objectives of the project. From the City's perspective, the services should as a
minimum include, but not be limited to, the following:
Phase I.— Facility Preliminary Plan and Budget Development
a. Meet with Elgin Fire Department staff to discuss the material provided by the
City and the concepts for facility layout and design. Include two (2) meetings.
b. Review in detail all information available on the site. The review and project
development should include examining all applicable codes, regulations and
agreements that may affect the layout and construction of the facility. The
5
d. Finalize the detailed facility design based on the input from the City staff.
e. Provide final construction drawings and bid documents to the City's
Purchasing Department to bid the project.
f. Review submitted bids with City staff to select contractor(s).
Phase 3 — Construction Management
a. Meet with staff to establish the process for conducting the construction
management phase. Include one (1) meeting.
b. Oversee the work of all contractors and manage the project schedule to final
completion. Provide consistent and timely on-site inspection as required to
insure work quality and plan and specification compliance.
C. Serve as a representative of the City during this phase and advise and assist
the owner throughout construction.
d. Visit the site as often as mutually agreed upon to review the progress and
quality of work in accordance with the contract documents.
e. Assist in keeping the City advised on the progress and quality of work.
f. Determine the amounts owed to the Contractor as the work progresses and
certify progress payments.
g. Review and take appropriate action on Contractor's submittal of appropriate
drawings, samples, etc. as they relate to the design concepts.
h. Prepare change orders for the City's approval and execution.
L Conduct such inspections as are necessary to determine the pending
completion of work or portions thereof and prepare a list of incomplete,
unsatisfactory items and a schedule for their completion.
j. Assist the City in determining final completion and insuring all documents,
guarantees, manuals, bonds, warranties, as built drawings, etc., are turned
over to the City.
7
development of a scope they believe is necessary to meet the City's
objectives. The City will be receptive to alternative scopes of service. The
scope must demonstrate the Firm's understanding of the project's objectives,
priorities and challenges and their plan to address them through the proposed
project management approach.
d. A project schedule that identifies important milestones and decision points for
each work task. A histogram (personnel loading) should accompany the
schedule identifying man-hours by personnel class and work tasks over time.
e. Information on the utilization of available technology by the Firm to accurately
and efficiently accomplish the project.
f. Other relevant material as needed to exhibit the Firm's ability to perform the
work, and to provide adequate information to the City to evaluate the
proposal.
4_3 Written Proposal -Part B Fee
This part of the proposal shall be sealed and separate from Part A. It will include
the Firm's detailed cost estimate to finish the services detailed in their proposal. Also
enclosed should be a balance sheet audit report to verify financial capabilities and a
certified calculation of general and administrative overhead. Costs for the requested
services should be broken down by phases as follows:
Phase 1 Lump sum figure
Phase 2 Percentage of completed project cost with not to exceed
Phase 3 Percentage of completed project cost with not to exceed
Part B will not be used in the evaluation of proposals leading to the selection of the top
candidate and will not be opened until evaluations have been completed. The fee
proposal will be used as the basis for negotiations leading to final contractual scope-of-
services and contract fee. Should the evaluation process not result in a clear choice as
to the top rated Firm, the fee proposal will be used to assist the selection committee in
determining its final recommendation.
If the City is unsuccessful in reaching a contract agreement with the top rated Firm,
negotiations will cease and the second rated firm will be invited to negotiate with the
City.
4_4 Proposal Presentation
As part of the submittal process, the top rated firms must make a presentation of their
project proposal to the City staff. The substance of this presentation should follow the
key elements of the written proposal and be made by key members of the project team,
including the project manager. Each Firm will be allowed 45 minutes during which they
9
The City will negotiate with the top rated Firm to finalize both the scope of services in
the service fees so that they may be incorporated into the formal contract.
If the estimate in Part B of the proposal is shown by a review of other analyses to be
improper, or subsequent negotiations are unsuccessful in bringing the fee proposal into
an acceptable range, the City will cease discussions with the top rated Firm and initiate
negotiations with the second ranked Firm.
5.2 Negotiations Guidelines
The successful Firm shall participate in a fee negotiation meeting with the City. The
negotiation and discussion will cover the Firm's costs,. including direct costs, indirect
costs, and profit or net fee as may be considered by the Department to be reasonable.
The Department and Firm will also agree upon the project schedule and any final
adjustments in the project requirements at this time.
5.3 Standard Agreement
When the fee has been agreed upon, the Assistant Fire Chief will prepare a Council
Action requesting permission to enter into an Agreement for Professional Services. The
standard Agreement form is attached as Attachment C. He will also inform the other
remaining other firms that the award has been made to the selected Firm.
5.4 Compensation and Payment
The firm shall submit to the Fire Department a certified invoice on a monthly basis. The
Fire Department will review the invoice to insure that all charges are proper and
supported by the Firm's Project Progress Report attached thereto before authorizing
payment to them.
12
REQUEST FOR PROPOSALS
APPENDIX B
SCHEDULE OF PERFORMANCE OF THE ARCHITECT
Agreement for Designer Services Page 22
ID Task Name Duration Start 1 Half 2.2007
Qtr 2.2007 Qtr 3 2007 Qtr 4 2007
1 ELGIN FD STATION NO.7 429 days? Mon 1/23/06
2
3 SUBMIT PROPOSAL 43 days Mon 1123/06
4 I
5 Architects Presentatiom 0 days Mon 1/23/06
6 City Selects Architect 0 days Mon 1/30/06
7 Contract Submitted to City 0 days Mon 2/6/06
8 ���". Contract Approved by City 0 days Wed 3/22/06
9 Notice to Proceed 0 days Thu 3/23/06
10
11 PHASE 1 21 days? Mon 3/27/06
12
13 Start Schematic Design 0 days Mon 3/27/06
14 Meeting with Fire Department 1 day? Tue 3/28/06
15 Meeting with Staff 1 day? Wed 3/29/06
16 Meeting with Staff 1 day? Mon 4/10/06
17 ".�". Meeting with Fire Department 1 day? Fri 4/14/06
18i Meeting with Staff 1 day? Mon 4/17/06
19 ".�: Develop Preliminary Budget 5 days Mon 4/17/06
20 Present Design and Budget to City 1 day? Mon 4/24/06
21 ".-�. Finish Schematic Design 0 days Mon 4/24/06
22
23 PHASE If 81 days? Mon 6/8/06
24
25 Start Design Development 0 days Mon 5/8/06
26 r",-�, Meet with Staff 1 day? Tue 5/9/06
27 Print&Issue D D Sets 1 day? Wed 5/17/06
28 Consultant Coordination Meeting 1 day? Fri 5/19/06
29 74 D D Review w/Owner 1 day? Mon 5/22/06
30 Update budget 1 day? Thu 5/25/06
31 Finish Design Development 0 days Fri 5/26/06
32
33 Start Construction Documents 0 days Mon 5/29/06
34 Print&Issue 50%C D Review Set 1 day? Wed 6/21/06
35 50%CD Consultant Review 1 day? Fri 6/23/06
36 %--� 50%C D Review w/Owner 1 day? Wed 6/28/06
37 "',�'. Hardware Meeting w/Owner 1 day? Wed 6/28/06
38 Finishes Meeting w/Owner 1 day? Wed 6/28/06
39 Print&Issue 90%C D Review Set 1 day? Wed 7/5/06
40 90%CD Consultant Review 1 day? Fri 717/06
41 90%C D Review w/Owner 1 day? Wed 7/12/06
42 Write Specifications 39 days? Mon 5/29/06
43 Update budget 1 day? Mon 7/17/06
44 Finish Construction Documents 0 days Thu 7/20106
45
46 Print Bid Sets 1 day? Fri 7/21/06
47 74 Issue Bid Sets 1 day? Mon 7/24/06
48 Prebid Meeting 1 day? Thu 8/3/06
49 Bids Due 0 days Fri 8/18/06
50 City confirms contractor 1 day? Mon 8/28/06
51
52 PHASE 111 264 days? Mon 9/11/06
53
54 Pre-construction Meeting 1 day? Mon 9/11/06
55 7 Start Construction 0 days Mon 9/18/06
56 Shop Drawings 60 days Mon 10/2/06
57 Punch List/Substantial Completion 1 day? Mon 8120/07 I
58 Final Walk Through 1 day? Mon 9/10107 I
59 End Construction 0 days Fri 9/14/07 ♦ 9/14
60
61 ` Site Visit 241 days Tue 10/3/06
Project:Elgin FD No 7 01-12-05.mpp Task Progress
Date:Mon 2/27/06 Split Milestone
APPENDIX C
COMPENSATION FOR ADDITIONAL SERVICES
Out-of-Court In Court
Witness Fee $ principal hourly rate $ principal hourly rate
Agreement for Designer Services Page 23
FEE PROPOSAL CITY OF ELGIN FIRE DEPARTMENT
PART B-FEE
AL
Below please find the proposed fee for the City of Elgin Fire Department's new Station No. 7.
PHASE I: $21,000 fixed fee
PHASE II: 7.5%of final construction cost x .75%OR $180,000 (which ever is less.)
PHASE III: 7.5%of final construction cost x .25% OR $60,000 (which ever is less.)
In addition to the stated fee, FGM has left allowances for services not directly performed by FGM
but as stated in the contract under section 3.1.1.2.1.
SURVEY: $4,000
GEOTECHNICAL SERVICES: $4,000
These services would be billed as a direct cost to the owner if they were required.
The fee stated above excludes the following items:
• Material testing services during construction
• Printing of the project manual (plans and specifications)for bidding services
• Printing for any City/Governmental approval
• Expenses related to engineering and or testing of hazardous materials
FGM
ARCHITECTS • ENGINEERS
APPENDIX F
COMPENSATION BASED ON A STIPULATED SUM
Agreement for Designer Services Page 26
APPENDIX G
COMPENSATION FOR ADDITIONAL SERVICES OF CONSULTANTS
Agreement for Designer Services Page 27
BELLEVILLE FGM Hourly Rate Schedule
CHICAGO
MCHENRY COUNTY
MT.VERNON
OAK BROOK
PEORIA Effective November I, 2005
Standard multiplier: 3.25 times direct labor
The following hourly rates shall apply from November 1, 2005 through October
31, 2006.
Principal $175 / hr.
FGMDesign /Technical Director $135 / hr
ARCHITECTS ENGINEERS Sr. Project Manager $125 / hr.
Project Manager $115 / hr.
Architect III $110/ hr.
Architect II $ 95 / hr.
Architect 1 $ 85 / hr.
Architectural Intern III $100/ hr.
Architectural Intern 11 $ 80/ hr.
Architectural Intern 1 $ 70/ hr.
Architectural Student Intern $ 60/ hr.
Director of Engineering $125 / hr.
Project Engineer IV $120/ hr.
Project Engineer III $ 90/ hr.
Project Engineer II $ 80/ hr.
Project Engineer 1 $ 70/ hr.
Designer $ 80/ hr.
CAD Technician $ 50/ hr.
Engineering Student Intern $ 55 / hr.
Sr. Construction Administrator $130/ hr.
Construction Administrator $ 70/ hr.
Project Administrator III $ 90/ hr.
Project Administrator II $ 60/ hr.
Project Administrator 1 $ 40/ hr.
Office Assistant $ 35 / hr.
FGM, INC.
1211 WEST 22ND STREET
OAK BROOK, IL 60523
630.574.8300
630.574.9292 FAx
W W W.FGM-INC.COM
FGM-Nov.1 2005-(Rev. 11.01.05)Hourly Rate Schedule.doc
February 27, 2006
Andrew Jasek
FGM Architects &Engineers
1211 W. 22nd Street
Oak Brook, IL 60523
Re: Elgin Fire Station No. 7
Elgin, IL
Dear Andy:
Eriksson Engineering Associates, Ltd. is pleased to submit this Hourly Rate schedule for the
referenced Project.
Hourly rates are as follows:
Principal $140.00
Project Manager $120.00
Project Engineer $110.00
Design Engineer $100.00
Technician $70.00
Administrative $60.00
These hourly rates are effective through December 31, 2006 and are subject to an annual
increase thereafter.
We appreciate this opportunity to continue to work with you. If you have any questions,
please don't hesitate to call us.
Very truly yours,
ERIKSSON ENGINEERING ASSOCIATES, LTD.
Michael Renner, P.E.
Vice President
■
MARTIN DESIGN PARTNERSHIP FAX N0. 630 482 2536 Feb. 27 2006 09:19RM P1
■
Mr. Andrew Jasek
FGM Architects & Engineers
1211 West 22nd Street, Suite 705
Oak Brook, IL 60523 ,
MARTIN
RE:2006 Hourly Rate Schedule d e s i g n
Dear Andy:
As requested, this letter confirms our hourly rate schedule for the 2006 calendar year. Current hourly
rates applied to fees for new services and additional work are as follows:
Professional $100.00/hr.
Design Associate $65.00/hr.
Please contact me if you have any questions.
Respectfully submitted,
Stephen W. Welter, ASLA, RLA
Vice President
Golf Course Architecture•Landscape Architecture
335 N.River Street,Suite 201,Batavia,IL 60510•Phone:630,482.2532•Fax:630.482.2536•Website:www.mdpltd.com
Feb 27 2006 9: 52AM (630) 653-9059 p. 2
R. I. Johnson & Associates, Ltd.
Attachment B
Hourly Rates
Principal $150
Associate $130
Senior Project Engineer $125
Project Engineer $115
Senior Structural Engineer $100
Structural Engineer $ 80
Senior CAD Operator $ 65
CAD Operator $ 55
Clerical $ 35
2006
Feb , 27 . 2006 9 : 2 9 A M No . 5412 P , 2
MECHANICAL / ELECTRICAL 2006 RATE SCHEDULE
Principal $140.00 / hour
President $130.00 / hour
Project Manager $120.00 / hour
Project Engineer $100.00 / hour
Project Designer $ 80.00 / hour
Cad Technician $ 65.00 / hour
Administrative $ 50.00 / hour
s
1
y1
9
I�
{
APPENDIX H
CERTIFICATES OF INSURANCE
AND
ADDITIONAL INSURANCE REQUIREMENTS
Agreement for Designer Services Page 28
APPENDIX I
NOTICES
Notice to the City shall be addressed to:
City Manager
City of Elgin
150 Dexter Court
Elgin IL 60120
Facsimile: 847-931-6075
Notice to the Architect shall be addressed to:
FGM Architects Engineers
1211 W. 22nd Street Suite 705
Oak Brook, IL 60523
Phone 630-574-8300
Facsimile630-574-9292
Agreement for Designer Services Page 29
FEE-271-2006(MON) 10: 25 M. 6. WELBEL Al-10 ASSOCIATES (FAX) 18474121013 P. 002 1002
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID DATE(MMIDD/YYYY)
FGMIN-1 02/27/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
M.G. Welbel & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Michael Welbel HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
633 Skokie Blvd. , Suite 470 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Northbrook IL 60062
phone: 847-412-1414 Fax:847-412-1013 INSURERS AFFORDING COVERAGE NAIC 9
INSURED INSURER A: U-S. Irldallty a Guaranty Go.
INSURER B; at. Paul Guardian Inaurano" Co
FGM Architects * Engineers Inc INSURER C: Continental Caaurity Company
1211 W. 22nd St. INSURER D:
Oak Brook IL 60523
INSURER E:
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,AOORECATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I ° POLICY NUMBER Y ��GCTIU6 PRO
L'rR Naa TYPE OF INSURANCE DATE MM/OD/YY DATE MMJOD/YY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000 000
A X COMMERCIALGENERALLIABILITY BK02148586 10/01/05 10101106 PREMISES Eaocarence $500 000
CLAIMS MADE I X1 OCCUR MED GXP(Any ono person) $ 10F000
X Primary & PERSONAL&ADV INJURY S 1,0 O D,0 OO
X Non-Contributory_ OENERALAGGREGATE 12,000,000
GEN'L AGCREGATL LIMIT APPLIES PER; PRODUCTS•COMP/OP AGG s2,000,000
POLICY JEC LOO Val Pa par 100 000
AUTOMOMIL12 LIABILITY
COMBINED SINGLE LIMIT $1,000,000
A ANY AUTO (Ea accicenl)
ALL OWNED AUTOS
BODILY INJURY 1
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BK02148586 10/01/05 10101106 BODILY INJURY
X NON-OWNED AUTOS (Poracclaenp $
PROPERTY DAMAGE $
(Per eccldenl)
GARAGE LIABILITY AUTO ONLY.EA ACCIDENT S
ANY AUTO EA ACC S
OTHER THAN
AUTO ONLY; AGG $
EXCEBB/UMBRELLA LIABILITY EACH OCCURRENCE S 2 000 000
A X OCCUR El CLAIMGMADE BK02148586 10/01/05 10/01/06 AGGREGATE s2,000,000
S
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X TORY LIMITS ER
B 2MPLOYERILITY
ANY PROPRIETORIETOR/PARTNER/EXECLrTIVE BW02148594 10/01/05 10/01/06 E,L,EACH ACCIDENT $500 000
OFFICER/MEMBER EXCLUDED?
E.L.DISEASE-EA EMPLOYEr. $500,000
Uea,describe under
CCIALPROVISIONSbelow E.LDISEASE-POLICY LIMIT $500,000
OTHER
C Professional Liab AEA 114077912 10/01/05 10/01/06 Per Claus 2,000,000
Agaregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: City of Elgin Fire Station #7. prof: 06-0282.01
CERTIFICATE HOLDER CANCELLATION
CITYELG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE 198UINO INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 00 SHALL
Attnn:: Gail Cohen
City Elgin IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
150 Dexter Ct. REPRESENTATIVES.
Elgin IL 60120 ACORD 25(2001108) ®ACORD CORPORATION 1988
APPENDIX J
ILLINOIS PROFESSIONAL REGISTRATION NUMBERS
AND
EXPIRATION DATES
NAME REGISTRATION NUMBER EXPIRATION DATES
FGM Architects Engineers 184-000350 4/30/07
Architectural & Professional
Engineering Corporation
Agreement for Designer Services Page 30