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1986-10-20 - Resolution 1986-69 - APPROVING AN ARCHITECTURAL SERVICE AGREEMENT FOR THE MUNICIPAL CAMPUS IMPROVEMENT PROJECTRESOLUTION NO. 86- 69 A RESOLUTION APPROVING AN ARCHITECTURAL SERVICE AGREEMENT FOR THE MUNICIPAL CAMPUS IMPROVEI'IENT PROJECT I{HEREAS, the Village of Buffalo Grove desires to have architectural services performed for the l.lunicipal Campus Improvement project; and, IIHEREAS, an agreement for architectural services must be approved in order to have the desired architectural services performed; NO}l, THEREF0RE, BE IT RES0LVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois as fol I ows: I. The agreement between the Village of Buffalo Grove and 0'DonnelI, l,Jicklund, Pigozzi Architects, Inc, related to the Municipal Campus project is hereby approved. 2. The Village President is hereby authorized and directed to execute the agreement on behalf of the Village. A copy of said agreement is attached hereto and made a part hereof. 3. The Village Manager or his designated representative is hereby authorized to act on the Village's behalf pursuant to Section 2.3 of the herein approved agreement. 5 - l{arlenthal, Glover, Reid, Shields, Kowalskl 1 - 0 rReilly AYES: NAYS: ABSENT: PASSED: 0 - None ocEober 20 , 1986 APPROVED: age res'l en ATTEST: $e"d,Tlt 3'-!,-,- ViTIa$/ClerT Standard Form of Agreement Between Owner and Architect AIA Document 8141 'l9z EDlTloN THIS DOCUMENT H/,5 IMPORI AI'IT LECAL CONSIQUENCIS,' CONSULTATION WTf H AN ATTORNEY 'S fNCOURACED WiH RESPECT'IO IIS COMPTffION OR MODIFICATION AGREEMENT made as of the TWENTIETH Hundred and EIGHTY-SIX' day of 0CT0BER in the year of Nineteen BETWEEN the Owner:VILLAGE OF BUFFALO GROVE 50 Raupp Boul evard Buffalo Grove, Illinois 60090 and the Architect:O'DONNELL llllCKLUND PIGOZZI ARCHITECTS INC. 3239 Arnold Lane Northbrook, Illinois 60062 The Owner and the Architect agree as set forth below conti nued on Paqe 2) ;'i'ii.n',i'".r.'izii-i,J i.;i: i";;;, r.w. wi't'i"jron, Dc' 2qro6 ReProducrion ol rhc m're'i'l here'n or ;,b#ii;G;"i;i;" ; ii' pi."i'i."i *irr,.,ir p"imisiion or rhe et't uioljte' rhe coPvt8ht l'w' ot th€ unikd sr.rer md rvill be sub,ect lo l€8:l proe€.ution. AIA OOCUMENT 8r4t . OwNER_ARCHITECT ACRTEMENT ' THIRT THE AMERTCAN INSTTTUTE Of ARCHITECTS, 17]5 NEW YORK EENTH EDITION . 'ULY 1977 . AlA6 . @ 192 AVENUE, N,W., WASHINGTON, D'C. 2ffi t,141-1977 1 THE AMERICAN INSTITUTE OF ARCHITECTS For the following Project: MUNICIPAL CAMPUS unctude delailed descriDtion ol Prciecl localion and scope.)'i':'T;ff"'i1"fiil"51atio1i'pff-'i-,i,iiipi'iiians attached as Exhibit "A"; buildins.gg:t-9I ipproiimately $2,362,00b; site work and landscapilg cost.of_approx.imately $130,000; .ili:ni[r". anl equipment cost of approximately $150;000; including basic services and interior design services for furniture and equipment- 2, New Club House per concept plans attached as Exhibit 'tA" with a deletion of approximately 2,200 squaie ilet'Uy omitting room 13 and reducing the sizes of rooms l','zl io,-ri, i|a rZ;'urifoing."ost of apfiroximatelv $624,000; site work and land- riuping iost'of approximately $tZO,OOO; including basic_services which does not .include interior aesign ieiric;;-;i-;;y tina inciuaing furniture, bar, bar equTpment and k i tchen equiPment. 3. Public Service Center addit'ion consisting of vehicle storage area' renovation of existing vehicle maintenance area into shop and administration spaces and salt storage building as indicated on the concept plans attached as Exhibit "A"; such area to be designed as vehicle maintenance and vehicle storage building costing approximateiy $1,004,000; site work and Iandscaping costiig approximately $fO,0OOi basic service includes permanently attached vehicle maintenance equipment design and specifications. 4. Renovation of approximately 5,320 square feet of the lower Ievel of the Buffalo Grove Village Hall that will be vacated by the Police Department. This area wilI be occupied by the Building, Zoning and Planning Department as shown in Exhibit "Ai' as attached. Mechanical , electrical , fire protection and structural work is limited to accomnodating existing systems into new space configuration. Interior design services are not included. 5. OveralI site landscaping design, contract documents and specifications for Project 1,2, and g iUove inciuding two presentations before required approval agency. 6. Civil engineering for the entire site including three meetings with approval agency based on the proposed master plan as pre-pared by 0'Donne11 witttuna Rigozii Architects Inc. and attached as part of Exhibit."A'. !{ater retent.ion and storm water run off design will include proposed additions to the Public works building and future removal of the existing retention area on the Publ.ic works bu.ilding site. civil engineering will be done to conform to the requirements of the Village of Euffalo as adopted May 16, 1983. In addition, the Arc prepare for the 0wner's signature a1i permits work and conduct on-site observation of his wo on those required permits as a part of the Arc Paragraph 1.5.15. Grove Development 0rdi nance hi tect's Civil Engrlneer shall required that relate to hjs rk as is necessary to sign-off hi tect' s 5651's 5gpyices PROJECT NO. 8588.01 Page 2 TERMS AND CONDITTONS OF ACREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBIIITIES BASTC SERVTCES The Architect's Basic Services consist of the five phases described in ParaSraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1,1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requiremenls, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic DesiSn Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1.2 DESICN DEVTLOPMINT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budSet, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a Iurther Statement of Probable Construction Cost. 1.3 CONSTN,UCTION DOCUMENTS PHASI 1.3.1 Based on the:pproved Design Development Doc- uments and any further adjustments in the scope or qual- ity otthe Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- in8s and Specifications settinB Iorth in detail the require- ments for the construction of the Project. '1.3.2 The Architect shall assist the Owne. in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1,3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. '1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- inB jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE -1.4.1 The Architect, following the Owne/s approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or neBotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CONSIRUCIION PHASE_ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1,5.1 The Construction Phase will commence with the award of the Contract Ior Construction and, together with the Architect's obligation to provide Easic Services under this A8reement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.5.2 Unless otherwise provided in this A8reement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, Ceneral Conditions of the Contract for Con- struction, current as of the date of this Agreement, 1,5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded throuSh the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of such on-site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architect shall not have control 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, for the acts or omissions of the Contractor, sub- AIA DOCUMENT 8141 . OWNER.ARCHITTCT ACRETMENT. THIRIEENTH EOITION ' JULY 1977 ' 4IA6. @ 1977 THE AMERICAN INSTITUTE OF ARCHITECIS, 17]5 NEW YORK AVENUE, N.W-, WA5HINGTON, D.C. 2OM6 8141-1977 3 contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. 1.5.6 The Architect shall at all times have access to the Work wherever it is in preparation or p.ogress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Cerlificates for Payment in such amounts, as provided in the Contract Documents. 1,5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Cedificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.5.10 lnterpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. ln the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.5,11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matters, includinB those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.s.1 2 rhe Arch itect shafi qals lglltsfi l"1J8i"tl fu 0{ ne r which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable {or the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions oI the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information Biven in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.5,14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involvinB an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the ContractDocuments. two of each bui 1di ng 1.5.15 The Architect shall conduct/inspectiony'to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a ,inal Certificate for Pay- ment. 1.5.16 The extent ol the duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect- 1.6 PTOIECT RTPRIIENTATION EEYOND BASIC SERVICES 1.6,1 lf the Owner and Architect agree that more ex- tensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carryinB out such responsibilities at the site. 1.6.2 Such Pro.iect Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the A.chitect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.5,3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such proiect representa- tion shall not modify the rights, responsibilities or obliga- tions oI the Architect as described in Paragraph'1.5. 1.7 ADDITIONALSERVICES The following Services are not included in Basic Services unless so identified in Article 15. Theyxdt[ may be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 4 8141-'.1977 AIA DOCUMENT Blll . OWNER-ARCHITECT ACRIIMENT. THTRTETNTH EDtTtON . JULY 1977. At c . @ 1gVTHE AMERTCAN |NST|TUTE OF ARCHITECTS, 1735 NEW YORK AVtNUt, N.W., WASHINCTON, D.C. 2m6 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of rhe Project. 1,7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of Sovernmental authorities or others having jurisdiction over the Proiect. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. '1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawinEs thereof, or to verify the accuracy of drawings or other information {ur- nished by the Owner. 1.7,6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, ne8otiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owne/s own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultant5 retained by the Owner. 't.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 't.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and relared eouiornenL. exceDt. for those identifiedunoerDr0.1ec-t descrt Dtt on .1.7.11 Providing services for'planning tenant or rental spaces. '1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation ol such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supportinB data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the cont.ol of lhe Architect. 1.7.14 Making investiSations, surveys, valuations, inven' tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- ARTICLE 2 THE OWNER'S RESPONSIBIIITIES 2.1 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's desiSn objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 lf the Owner provides a budget for the Proiect it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENI 8l{1 . OWNER_ARCHITECT ACRE[MENT ' THIRIEENTH EOIIION ' ,ULY THt ar',rfrtCaN INsTIIUTE Or ARCHITECTS, 1715 NEw YORK AVENUE, N'w, WASH 19rt.AtAo.@192 rNcToN, o.c. 2m06 8"t41-1977 s struction, and furnishing services as may be required in connection rvith the replacement of such Work. 1.7.16 P.oviding services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparin8 a set of reproducible record drawings showing significant chan8es in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor lo the Architect. 1.7.!8 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testinS, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.20 Prcpatin9 to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.2'l Ptoviding services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineerinS services for the Project. 1.7.22 Ptovidinl any other services not otherwise in- cluded in this Agreement or not customarily Iurnished in accordance with generally accepted architectural practice. 't.8 T|ME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owne/s review and approval of submissions and for approvals of authorities havinS jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Orvner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, Biving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the 5ite; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borin8s, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2,6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contracto/s Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 lf the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written ootice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICTE 3 CONSTRUCTION COST 3.1 DEflNITION 3.1,1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSTEILTTY fOR CONSTRUCTTON COST 3.2.1 Evaluations of the Owner's Pro,ect budget, State- ment5 of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. lt is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termininB bid prices, or over competitive bidding, marketor neSotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or neSotjated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in wrating and signed by the parties hereto. lf such a fixed limit has been estab- lished, the Architect shall be permitted to include con. tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in lhe scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract 5um occurring after execution of the Contract for Construction. 3.2.3 lf the Eidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Pro,ect budget or fixed limit of Construction Cost shail be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 lf a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- ne8oliating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 1O.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. ln the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply 6 8141-1977 AIA DOCUM€NT 8I'T . OWNER.ARCHITTCI AGREEMENT. THIRTTENTH EDITION . 'ULY 1977. AIAO. @ 19'Ttit Al\tERtcAN |NSTITUTE Of ARClllTECrS, 1735 NEW YORK AVENUE, N.W., WASHTNGION, D.C. 2m6 with the fixed limit. The providinS of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and havinB done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNET TXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABTE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Easic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communicationsr and fees paid for securing approval. qf authorjties having iurisdiction over the proiect. maChl ng. Orl gt na lS Qt the s.r.z ixpensesfr?8J'Llg8,H"orl 8"&Igd" and handt i n g of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants, 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1,4 lf authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 5,1.6 Expense of any additional insurance cove.aSe or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 5 PAYMENTS TO THE ARCHITECT 6.1 PAYMTNTS ON ACCOUNT OF EASIC SERVICES 5.1.1 xx XrffXXF4ti6YlXxXxdtxbxhx x n ra8,eFtxxxx h $6\rfltx XlxlfxEryrffdfx XNUI 0l Gxl($xdnaf,,0( 6.1.2 iub6Eqxefl payments for Basic Services shall be made monthly and shall be in propo.tion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 lf and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or exteoded through no {ault of the Architect, compensa- tion ior any Basjc Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional 5ervices. 6.1.4 when compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable lo the exlent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Ptoiect. 6.2 PAYMTNTS ON ACCOUNT OF ADDITIONAT SER,VICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WTHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of chanSes in the Work other than those for which lhe Architect is held legally liable. 6.4 PRO'tCT SUSPENSION OR fTRMINATION 6.4.1 lf the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. lf the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICI.E 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taininS to Additional Services and services performed on the basis of a Multiple of Direct Personnel txpense shall be kept on the basis of Senerally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient {tN ARTICTE 8 WNTRSHIP AND USE OF DOCU&IENTS an d reference an d occupancy of the Proj pecifications shall not be used the TAC HED'B N FID'f remain the propeny of ngs an ficl ca no as 5 n mU nepe which they ar or not. The Owner shal cluding reproducible whether the P role Owne ,ce are a tions for infor to retain copies, in- awings and Specifica- nection with the e ery- Drawings on Architect executed AIA DOCUMENT Bl41 . OWNER-ARCHITECT ACREEMENT . THIRTTENTH EDITION . JUIY'1977 . AIAG . @ 192 THE AMERICAN INSTITUIE OF ARCHITECTS, 1735 NEW YORX AVENU€, N,W., WASHINOTON, D.C. 2OM6 ec 4fi1-1977 7 .( times. r pro,ects, for additions to this Project, or is Project by others provided t tre in defaul writing a -this ASree iPprcpria em n e ehdn t ion lect. 8,2 Submissi itect is not by agreement in pensataon to the Archi- distribution to meet official regulatory or for other purpo ses in connection with the not to be construed as publication lo Sation 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentaSe of the total Basic and Additional compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic DesiSn Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. ARTICTE 1.I MrscErrANEous PRovtstoNs 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this A8reement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this A8reement. 11.3 As between the parties to this Agreement; as to all acts or failures to act by either party to this A8reement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. '11.4 The Owner and the A.chitect waive all rights aSainst each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document 4201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall .equire appropriate similar waivers from their contractors, consultants and agents. ARTICI.E 12 ple- ) il 15 itec ARTICI.E 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this A8reement, arising out of or relating to this A8reement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion lndustry Arbitration nules qlrjhq American Arbitra- tion Association then obtaining lil{lH* the parlies mutu- ally agree blh€fi/rcf,. No aibitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taininB a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this ASreement shall be specifically enforceable under the prevailinB arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. ln no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute o{ limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 SUCCESSORS AND ASSIGNS '12,1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatiyes to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenanb of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. TERMINATION OF ACREEMENT 10.1 This Agreement may be terminated by either party upon seven days'written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days'written notice to the Architect in the event that the Project is permanently abandoned. 10.3 ln the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated aSreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICI.E 13 I 8141-1977 AIA DOCUMENT BT4I THE AMTRICAN INST . OWNIR-ARCHITECT ACRETMENT . THIRTEENTH TDITION . IULY 1977 . AIAO . @,1977ITUTT Of ARCHITICIS, 1735 NEW YORK AVTNUT. N,W,, WASHINCTON, D.C. 2OM6 ( ARTICTE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to ihe,qrchitect, and ihe other Term5 and Conditions of thi5 Agreement, as follows: 14.1 txxitx)UDwrvr$ffxodx xbl{&xxfixxxxxxx)0 gtxlbexmxd ! Fqi( rxeflXExxrtxkNxtsdotxootHor${i(dddred(rxhi Axflo(h)ac(6xxxx id,o$€( 14.2 BASICCOMPENSATION 1d.2.1 FOR BASTC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: lHat. intc b.sit ot co,lp{]nt,rtion, inctu.Jing litcd amountt, multiplet o, pcrc.nt,flct, and ideatil't Phltct to whicrr p.4i.uLt m?lrrdt ol cofiP.nt ' tiod .pplf, il ne<.tt.ry ) Compensati on Cons tructi on Admi ni s trati o 1.5.4 and 1.5 THOUSAND FIVE Serv i ces . (lnclude ,ny zdditionzl Ph.set .t apptoptiate.) for the Schematic Design Phase, Design Development Phase' Oocurent inase, Biddin! or t'legotiation Phase-, Construction Phase- n'oi Cont.i.t,'except ior thoie services defined in Paragraphs- .tq stratt be based upon a fixed fee of THREE HUNDRED F0RTY-NINE-fiunonro AND 00/lo0 DoLLARS (9349,s00.00) compensation for the contruction Phase - Admjnistration of contract Paragraphs i.Siq ana 1.5.14 shall be on the same basis as compensation for Additional -14,2,2 14.3 %t %l %l %t y.t Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments. for Basic Services shail be made as provided in Subparagraph 6..1.2, so that Easic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: 50,625 .00 101 , 250 .00 percent ( oercent ( percent ( percent ( percent ( 1 pl 6B 16 t2 US , 750 .00 , 875 .00 ,000 . 00 hourl y .THE AMERICAN INSTITUTE OT ARCHITECTS, 17]5 NEW YORK AVENUE,N.W.. WASHTNCTON, D.C. 2m5 8141-1977 9AIA OOCUutttl ltlt . OwNtR-ARCHITECT AGRItMENT. T HTRTEENTH tDlTlON . jULY '1977 . AlAa . @ 19r/ Schematic Design Phase: Design Development Phase; Construction Documents Phase: Bidding or NeSotiation Phase; Construction Phase: FOR pROIECT REpRESENTATTON BtyoND BASIC SERVICES, as described in Paragraph 1.6, comPensation shall be computed separately in accordance with Subparagraph 1.6.2. FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, znd any other services in- cluded in Article 15 as part of Additional Sewices, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: tH..,e.intett b.tit ol <omp,!nsztion, iocludiry t.tet andlot nufiipl.t ot Onrct pctto^net E,pen.e tot ptin ipatr.hd emptoyee. an.t identity p n.,p.hznd <l.ttily employ.et, il rcquircd ldentily rpe.il'c tcNicet to which patticuti nethodt oi conpensarton appty, it neiesiary.l Hourly Billing Rates effective through December 31, 1986: Principal $85.00 Senior Architect $7Z.OO Specification l,rlriter $70.00 Project I'lanager $60.00 Field 0bserver $55.00 Architect $52.00 Interior Designer $45 .00 Senior Draftsperson $45.00 Draftsperson $36.00 Junior Draftsperson $20.00 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and elecrrical engineering services and those proyided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional services, a multiple of ONE AND ONE QUARTER' t l.z5 i times rr,e amounts urrrerrto lhe Architect for such services. (ldcntilt,tpccilic typet ol contult.nB in tuticle 15. il t..tutcd ) 14.5 14.4 14.4.1 14.7 14.7;l '14.7.2 fOR REIMBURSABTE EXPENSES, as described in Article 5, and any other items included in Article t5 as Reim- bursable.Expenses, a.multiple of oNE AND oNE TENTH ( 1,i0 ) times the urornts u*-pended by lhe Architect, the Architect's employees and consuttants in ihie interest of the proiect. 14.6 Payments due the Architect and unpaid under this ASreement shall bear interest from the date payment isdue at the rate entered below, or in the absence theriof, at the legal rate prevailing at the principal'place of business of the Architect. (nerc inten any nte ol interctt ag.eed upon.) t9.y:!-,t:\:,ri! Lf i.::^enrs. unde' rhc redqzt rtuth. in Lendini Act, stmiht 't.tc eht to.at .oorlmu oed laws and othe, rcaut.tion' .t thcuwher'tianct ltchtt,ect's Dtin<ipll pla.es ol burireir. rhe location ol the Prcie znd chewhere /D.y ,ffe(r the ealdn/ o! rh,s pto,tsri" ,reat,c t.g.tzctv,ce tnoutct t e obtaioeet with tespect to d"tption, modit,czton. ot othq rcquteneot. such ts it ran d*loyures u waiveis I The Owner and the Architect agree in accordance with the Terms and Conditions of lhis Agreement that: lF THE ScoPE of the Project or of the Architect's services is changed materially, the amounts of compensationshall be equitably adjusted. lF THE SERVICES covered by this Agreement have not been completed wirhin THEt{Ty_F0UR 24) months of the dale hereof, through.no fault of. the Architect, the amounts of compensation, rates andmultiples set forth herein shall be equitably adjusted. 'to 8141-1977 AIA DOCI'MENT 8I'T . OWNER.ARCHIITCT AGREEM TH€ AMER'CAN INSII]UTE OT ARCHITTCTS, ,1735 ENI . THIRfEENTH EDITION . 'ULY I9Z . AIAO . @ 192 NEW YORK AVENUE, N.w', WASHINCION, D.C.2ffi COMPENSATION FOR ADDITIONAT SERVICES ARTICTE .I5 OTHER CONDITIONS OR SERVICES 15.1 All three (S) buildings will be bid at the same time, to one (1) General Contractor utilizing one (1) set of Contract Documents. 15.2 Lower level Village Hall renovation will be bid as an alternate to the base bid under Paragraph 15.1. AIA DOCUMTNI STII . OWNER-ARCHITICI ACRTEMENT . THIRTEENTH TDITION . 'ULY 1977 . AIAC . G) 192THE AMERICAN tNslrurt or ARcttrrcts, tzl5 NEw yoRK AvtNUE, N.w., *esntlctol, o.c. m6 8141-1977 11 This Agreement entered into as of the day and year first written above. OWNER VILLAGE OF BUFFALO GROVE ARCHITECT O'DONNELL WICKLUND PIGOZZI AR(.HTTF INC BY Pre 12 8141-1977 AIA DOCI|MENT Rl'T . OWNER-ARCHITECI AcREEMINT . THIRTTENTH TDITION . 'ULY 1977 . AIAC . @ 19?2THt AMERTCAN |NST|TUTE Of ARCHTTECTS, '1735 NEW YORK AVtNUt, N.W., WASHTNCTON, D.C. 20005 EXHIBIT "A" T E E T I T N T I E II T T E T E I IT T( e 4 1 b" l! di tottca Yltr^6r vtxtata! Ito 9Ltsalitt lall @ 4| I a +' .,t' LAXI COO( nOAO: Bullalo Grove Munlclpal Campus Deveto tb7 ota-to* $#l-:'j"&rr',i[] E .rt '1i!t' ':)i r'l tu .lri ! I t '- it {l is:, 1 ---r ll t u ri -tr., +t t ,{ pm'ent flt i.Ii \O'oo.n.ll, Wlcrlund, PlOo!!1. Archll.clr l.c 'i I ( ( i;. / 7',., :;,rl Sito Plan rI ,rrEIIfEItllj 3I r,i n' II lll L{ Ei tsl rn Yl ( I I t_ I I i:I ,l / I ( j i I Butlalo crove Municlpal Campus Oevelopment Polrcc hE.rdquarlcrs O 0onn.n, Yv.crruno. t'qnrr,. l,.r,r((lr ln. I : , ,\, I . r'l .}\ ,.a:i t. '\-a{ ,.1 Ir I ,,['H I I I L-C a-.(t\ r:,q\uyw First Floor I Poltce Heaclquarlers o 006nall, wlcrluod, Plgo:rl. Archrlocls l.c Buf falo Grove Munlclpal Campus Developmenl Lower Lsvol ( t: .r!ii ( a ffi l @ ; j lr1t :ri .'1 Butlalo Grove Municlpal Campus Developmenl O 0o.^clr, w'. i ru r,l,Goll Cl(/b Houi€ ( ( :i t,, i.i' f.lz'!i I ! {.i U tGfxo . 1000 sroRAc€ xlTclttlt SMCX 8AR GNILL ROOX 8At $xE Rmfi 1088t. PRO SHOP. ADntilSrurtot. v0{tx5 locxm. x€ns tocrtR. ttxr^L, €Lu8 srof,rc€. CLUS rEPAlr I I I I I I { i I IirlII '1 r-tsson Rgoi '1 li Floor Pla Euffalo G ove Munlcipal CamPus DeveloPment r O'Donn.ll, Wlcklund, Plgot r l' Atchlt'ct! lnc' R'T Ho'a" 12' 2 Goll Club hous e if\:.r1'r.''!Grlr''1ffi.'ri*!l.ffitEr.4liisjGl.i|p''.."',,,.''iF,. i-- :-liniitr9lrt!.qn(lll'lrtG 6L 5 3 ta a2I ItiI ( ( r I T TT T E I II ry gI Tlrl T& gI TJ T1 g. lf, f, I., i{lt' IL h li ,.1 i i{ I {l t+ -* ':a' ) ,l J\- + i: '---i 't-'1r,j .riii :' -1r--- , I a.:r a\ ,.- -. , r. ' .rj Bulfalo Grove Municlpal Carn pus Oevelopment o oon..lr, w'crr nd. P'9o./'. ^rch'rccts " c z,tf ,( i ( r.l{I l Publrc Works VEHIC ( t ( Socond FloorBasemenl Flrsl Floor Buf falo Grove Munlclpal Campus Development \ \l O Oon^.n. w'.rlund, P'9orr'. lrch'r.ctt l.cPublrc Wor ks Irl IS Ell lrl -H*lI--5- II lltt--Il Br rr g X v r r B I I I I I I I q) \ I T T T T T II I 3 B ry 5j g. 5 E Il& If,] N 5I L EGTIIO I.IAITING RECEPTIOII, REFEREIICE PUOL I C COUI{IER PLANIiIN6 SECRETARY E FILES SUPPORT EQUIP}{ENT V I LLACE PLANNER PLAIINER AND ASSI STAI,IT COIIFERENC E BUILOIIIG AIID ZONIIIG 9, FILESIO. DEPUTY BUILOI G COI.I.TISSIO ERI'I. ADXINISTRATIVE ASSISTANTI2. OI RECTOR.I3. SECRETARYI4. FILESI5. LAB't6. HEALTI{ oFFICER A 0 SAITTARIAT{. ntSpECToRS Lower level ( I 2 3 4 6 1 8 o' /t' 12' 24' \r C T )1 T M 12 vIJ 10 \1 6 v 7 V T Village Hall O'Donnoll, wlcklund, Plgozzi. Archltscts lnc. NORTHBuffalo Grove Municipal Campus Development 15 K l: .: ll rl I EXHIBiT B The Owner will retain the Drawings and Specifications for information andreference in connection with the use and occupancy of the project by Ownerand others; however, such documents are not intended or repreiented to besuitable for reuse by 0wner or others on extensions of the project or on 3ny-other project. Any reuse without written verification or idaptation by Architect for the specific purpose intended w.il l be at Owner,s solerisk and without Iiability or 'legal exposure to Architect or to Architect's independent professional associales or consultants, and Owner shall indemnify and hold hannless Architect and Architect's independent professional associates and cons.ultants from all claims, damages, lossei and exlensesincluding-attorney's fees arising out of or resuiting therefrom. Any suchverification or adaptation will entitle Architect to further compensitr:onat rates to be agreed upon by Owner and Architect. The Architect willretain reproducible copies of Drawings and Specifications. U (( 4n