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2008-20
RESOLUTION NO. 2008- 20 A RESOLUTION APPROVING AN ARCHITECTURAL SERVICE AGREEMENT FOR THE BUFFALO GROVE PUBLIC WORKS FLEET SERVICES ADDITION, WHEREAS, the completion of the Buffalo Grove Public Works Fleet Services Addition is desired; and, WHEREAS, consulting architectural services are required in order to proceed with the completion of this project; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The Owner - Architect Agreement related to the Buffalo Grove Public Works Fleet Services Addition is hereby approved. Section 2. The Village Manager is authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 - Braiman, Glover, Berman, Trilling, Rubin NAYES: 0 - None ABSENT: 1 - PASSED: .Tune 16 , 2008 APPROVED: ,Tune 16 , 2008 APPROVED: Village President ATTEST: q� "TA . &'" illage Clerk G:\PWD1RGRP\LHC\psc\res08.doc e� AIA *�r TM — Document B141 1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION'' AGREEMENT made as of the day of in the year (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Buffalo Grove Public Works 50 Raupp Blvd. Buffalo Grove, TL 60089 and the Architect: ( Name, address and other information) SRBL Architects 116.1 -A Lake Cook Road Deerfield, IL 60015 For the following Project: (Include detailed description of Project) Buffalo Grove Public Works Fleet Services Addition 51 Raupp Blvd. Buffalo Grove, IL 60089 The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) To provide architectural design services to provide a Fleet Services Addition and other improvements to the Buffalo Grove Public Service Center. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The Buffalo Grove Public Service Center is located at 51 Raupp Blvd, Buffalo Grove, Illinois 60089 The Fleet Services Addition is to total approximately 13,314 square feet. It is to be constructed on the north side of the Public Service Center with vehicle access off of Church Street. Also to be included in the project is floor repair work at the second floor infill, the replacement of the Nitrous Oxide detection and exhaust system for the Public Works Garage Space, replacement of the fire alarm system, providing new lighting in the vehicle storage areas, repairs to the sanitary sewer ejector pit, and providing a damper on the flue for the garage pressure washer system. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The program was developed as part of the Village of Buffalo Grove Public Service Center Existing Conditions Analysis, Space Needs, and Feasibility Study dated November 27, 2006. Refer also to letter dated March 26, 2008 (Exhibit A) summarizing, scope of work to be performed. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) To date, an updated land survey for the property has not been created. The Owner is to provide such information to Architect prior to commencing design work. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: between $4,305,867.00 to $4,627,275.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: between $3,725,598.00 to $3,978,264.00 (including design and construction contingency) Refer also to letter dated March 26, 2008 (Exhibit A) and Project Budget - Priority Items and Fleet Services Addition dated March 26, 2008 (Exhibit B) for more detailed budget. § 1.1,2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Architectural Design is proposed to be approximately 8 months in duration. Architect will prepare a time schedule that will be updated on a monthly basis during the design and construction document phase. § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) AIA Document 8141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 2 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) Prequalified General Construction. § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) § 1.1.3 PROJECT TEAM § 1,.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Michael Skibbe Civil Engineer Village of Buffalo Grove 51 Raupp Blvd Buffalo Grove, 11L § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Brian Wright SRBL Architects Ltd. 1161 -A Lake Cook Road Deerfield, Illinois 60015 Telephone Number: 847.559.7715 jaked@srblarchitects.com (Paragraphs deleted) § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of 2007 AIA Document A201 current as of the date of this Agreement. § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. AIA Document 8141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 9:2.2.2 The Owner shall conform its budget to this agreement. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated 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. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and approved by the Owner and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. §1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 9.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.1.1 The Architect shall establish bi- weekly meetings during the design phase § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by, authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. AIA Document 8141 T^' —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. See also Exhibit A and B for itemized costs. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.2.5 Notwithstanding anything contained in this entire Article, the Architect hereby grants the Owner an irrevocable non - exclusive license to utilize the Instruments of Service for the completion of, additions to, remodeling of, and maintenance of this Project and only for the sites that this project was designed to be located on. AIA Document B141TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.3.2.6 The information contained in electronic media may contain electronic errors and should not be relied upon. The Instruments of Service to be relied upon are the sealed drawings and specifications prepared by the Architect. § 1.3.2`7 The Owner agrees to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, directors, employees and consultants (collectively the Architect) from and against any damage, liabilities or costs, arising from or allegedly arising from or in any way connected with the authorized reuse or modification of the electronic documents by the Owner, or any person or entity that acquires or obtains the electronic documents from or through the Owner without the written authorization of the Architect. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.39.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration by litigation. § 1.3.4.2 On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representative and shall meet within five (5) days after service of this notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. § 1.3.4.3 Should the parties themselves be unable to agree on a resolution of the dispute, then the parties shall appoint a third party, who shall be a competent and impartial party and who shall be acceptable to each party, to medicate the dispute. The third party shall meet to hear the dispute within ten (10) days of his /her selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. § 1.3.4.4 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.3.4.5Any third party mediator designated to serve in accordance with the provisions of this agreement shall be disinterested, shall be qualified to evaluate the performance of both parties, and shall be familiar with the design and construction process. § 1.3.4.6 The procedure outlined in this Paragraph is an "informal" process aimed at resolving disputes between the parties to the Agreement as expeditiously as possible. This process shall be considered as a condition percent to moving to a more formal or judicial process. § 1.3.4.7 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration lawsuit but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 30 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.8 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) §'1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3,7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect which is Cook County, Illinois. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 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 Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information without Owner's prior written consent. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.7.10 The Architect agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Owner against damages, liabilities and costs (including reasonable attorney's fees) arising from the negligent acts of the Architect in the performance of professional services under this Agreement, to the extent that the Architect is responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between the Architect and the Owner. The Architect shall not be obligated to indemnify the Owner for the Owner's own negligence. § 1.3.8 TERMINATION OR SUSPENSION §,1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (Paragraphs deleted) § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. 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 changes in the Work other than those for which the Architect has been adjudged to be liable. AIA Document 8141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. $ Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: (Paragraph deleted) .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; 6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .8 other similar direct Project - related expenditures unless approved by the Village. §,1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B 141 -1997. (List other documents, if any, forming part of the Agreement.) 1.4.1.2. Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141 -1997 and (List other documents, if any, delineating Architect's scope of services.) Letter dated March 26, 2008 to Village of Buffalo Grove (Exhibit A) summarizing scope of work to be performed and Project Budget — Priority Items and Fleet Services Addition dated March 26, 2008 (Exhibit B). (Paragraphs deleted) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: All architectural and engineering services, including mechanical, electrical, structural, and civil engineering will be provided for a fee totaling 8.75% of the cost of construction. This percentage based fee will be converted to a stipulated sum at mutual agreement between the Owner and Architect at the completion of the Design Development phase. Assistance in Prequalifying Bidders (General Contractors), preparation of request for qualifications - $5,000.00 Record Drawings — If the Owner requires electronic record drawings from the Architect, inclusive of all Contractor as -built information consolidated onto the contract documents, a stipulated sum totaling $10,000.00. Architect shall specify in the Contract Documents that the Contractor shall be responsible to provide As -Built drawings. AIA Document 13141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1 000334545 — 1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Principal in Charge $200 Senior Project Manager $140 Lead Designer $140 Project Manager $130 Project Designer $130 Technical Specialist 1 $110 Technical Specialist 2 $90 Staff Designer 1 $80 Staff Designer 2 ' $70 Student Intern $55 Administrative Assistant $80 Marketing Coordinator $85 Financial/HR Manager $120 § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point twenty -five ( 1.25 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, the compensation shall be computed as a multiple of one point one ( 1.1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. (Paragraphs deleted) § 1.5.7 An initial payment of Five Thousand Dollars ($ 5,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 (Paragraphs deleted) This agreement adopts by reference the provisions of the "Local Government Prompt Payment Act ", 50 ILCS Section 50511 et. Seq. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Twenty -Two ( 22) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. AIA Document B141TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No. 1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) This Agreement entered into as of the day and year first written above. OWNER - Villa e of Buffalo Grove ARCHITECT - SRBL Architects Ltd. no A (Sign re (Sign re) William H. Brimm, Village Manager Raymond K. Lee, Principal (Printed name and title) (Printed name and title) Init. AIA Document 8141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) EXHIBIT B Buffalo Grove Public Service Cerrter Space Needs Study D7AqpfOJOct Budget - Priorhy Items and Fleet Services Addition SRBL Project No. 06116 5 R B L March 26, 2008 AK) -MCrS ?rpe of word �_. 9rchit'c raf Priority Rems Sq.FL coats per $4. �. focal costs low high low hIM Fltmr repairs at second .. oor imm -- - Mechanical Priority items allowance 25,000 in <tall new Cn2 /Nax detection & exhaust system Plumbing Priority items allowance 5..5,000 0,000 50,000 Install sealed cover _sanitary ejector unit ___.__ Install dampers an pressure washerflue stacks - - - - - -- 'ek- tNcal Priority heir * allowance allowance 5,000 5,000 4.000 4,000 in5ialf -new Fire Alarm System complete New fighting fixtures for vehicle storage areas allowance allowance 110,000 .10,000 70,000 70,000 New Consuucxion - Additions Fleet Services AddlUan 13,314 225 240 2,995,650 3,195,360 Construction Coat Subtotsl 3,239,650 3,459,360 Design & Cgs lon CwUngeM (15% 485,948 518.904 Total Construction Cost 3,725,598 3,97$264 Ahowanoes for items to be Purchased by the Vlllege Starage systems -- Computer Systems _ 6,0001 10,000 Technology Infrastructure (Data, Phone, Video cabling) Au ilo %Y�su_a) Systems and Equipment assumes reuse of existing assumes reuse of existing Equipment assumes reuse of existing I'IIVII.LtVwfIUuY,±anrtonal 7 ©lephone System assumes reuse of existing Mis 4r_Ieous Equipment (Plants, Art, etc.) assumes reuse of existing Sundries (Cups, gtasses, flatware, etc.) Total Al "o 6es for hems tD be purchased by the VIl assumes reuse of existing assumes reuse of existing 61000 10.000 Mawan es for (gems Not included M the Cortstruotlon Budget Architectural and Engineering Fees - 8.75% of Construction Costs Furnishings Design Fee 325,990 348,098 Landscaping Design Fee not required CM Selection Process not required Surveys & Soil Investigations Material Testing During Construction not required 15,000 20,000 Blueprinting 15,000 20,000 Utility Company Charges (Electric, Gas, Telephone) Moving Costs 12,000 17,000 101000 _ 15,000 Utility costs during construction Total Allowances for hems not Induded In the C utruatlon Budget �'staft 10,000 20,OfJ0. 387.990 Village Contingency Funds (5% of Construction Cost) 186,280 Ta08,887 lr7,,'2 Note: Budgets do not clde d CLegal C, or Financing Costs. SRBL Project No. 06116 Buffalo Grove Public Service Center Page 1 of 2 FY411RIT n SRBL Project No. 06116 Buffalo Grove Public Service Center Page 2 of 2 Additions and Deletions Report for AIA® Document 8141 TM —1997 Part 1 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:02:58 on 06/05/2008. PAGE 1 Buffalo Grove Public Works 50 Raupp Blvd. Buffalo Grove, IL 60089 SRBL Architects 1161 -A Lake Cook Road`` Deerfield. IL 60015 Buffalo Grove Public Works Fleet Services Addition 51 Raupp Blvd. Buffalo Grove, IL 60089 PAGE 2 To provide architectural design services to provide a Fleet Services Addition and other improvements to the Buffalo Grove Public Service Center. The Buffalo Grove Public Service Center is located at 51 Raupp Blvd Buffalo Grove Illinois 60089 The Fleet Services Addition is to total approximately 13,314 square feet It is to be constructed on the north side of The program was developed as part of the Village of Buffalo Grove Public Service Center Existing Conditions Analysis, Space Needs, and Feasibility dated November 27 2006 Refer also to letter dated March 26 2008 (Exhibit A) summarizing scope of work to be performed To date, an updated land survey for the property has not been created The Owner is to provide such information to Architect prior to commencing design work. Additions and Deletions Report for AIA Document B1411 -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright 1 Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: between $4,305,867.00 to $4,627,275.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: between $3,725,598.00 to $3,978,264.00 (including design and construction contingency) Refer also to letter dated March 26, 2008 (Exhibit A) and Project Budget - Priority Items and Fleet Services Addition dated March 26, 2008 (Exhibit B) for more detailed buds PAGE 3 Prequalified General Construction. Michael Skibbe Civil Engineer Village of Buffalo Grove 51 Raupp Blvd Buffalo Grove IL Brian Wright SRBL Architects Ltd. 1161 -A Lake Cook Road` ' Deerfield. Illinois 60015 Telephone Number: 847.559.7715 jaked@srblarchitects.com § 1.1.3.5 The eensultavits retained at the A , •t t § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of 2007 AIA Document A201 current as of the date of this A gr- cement o s falle vaaavuy va uUZVxxv vv a: Agreement. PAGE 4 § 1.2.2.2 The Owner shall pel =iodi °ll• update the budget for- the n et inekiding that all _a r__ the Cast ef the Wer-k. The Owner- shall fiet signifirsafAly iner-ease ef door-ease the ever-all budget, the peftion of the budget alleeeA ed fef the Coat of the Wxr 1 eentingeneies ineluded in the over-all budget a peFtiea c 1 budget, or- onform its budget to this agreement. Additions and Deletions Report for AIA Document 8141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright 2 Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and approved by the Owner and are reasonably required by the scope of the Project. 1.2.3.1.1 The Architect shall establish bi- weekly meetings during the design phase. PAGE 5 § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. See also Exhibit A and B for itemized costs. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The QwaeF sha4l not use the 1*stmmeats of Sen,iee far- ft4ufe additions or- alterations to this Pr-ejeet of fer- other- pfojeets, unless the the ins4umepAs of Sefyiee sha4l be 4 the Owner's sole risk and without liability to the Ar-ehiteet and the Airehiteet's t 1.3.2.6 The information contained in electronic media may contain electronic errors and should not be relied upon The Instruments of Service to be relied upon are the sealed drawings and specifications prepared by the Architect § 1.3.2.7 The Owner agrees to the fullest extent permitted by law, to indemnify and hold harmless the Architect its officers, directors, employees and consultants (collectively the Architect) from and against any damage liabilities or PAGE 6 § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by aFbitratien.a rbitration by litigation. Additions and Deletions Report for AIA Document 8141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright 3 Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) § 1.3.4.2 On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representative and shall meet within five (5) days after service of this notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting § 1.3.4.3 Should the part ies themselves be unable to agree on a resolution of the dispute then the parties shall appoint a third party, who shall be a competent and impartial party and who shall be acceptable to each party, to medicate the dispute. The third party shall meet to hear the dispute within ten (10) days of his /her selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting 1.3.4.4 Each party shall nay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. § 1.3.4.5Any third party mediator designated to serve in accordance with the provisions of this agreement shall be construction ron cess. § 1.3.4.6 The procedure outline; moving; to a more formal or judicial process. ritea in writing with the other party to this Agreement and with the American Arbitration Association The request may be made concurrently with the filing of a demand for arbitration lawsuit but in such event mediation shall Additions and Deletions Report for AIA Document B141 TM —1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright 4 Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) equitable pfeeeedings based an sueh , statute of.imitatiefis. a speeifie r-49r-enee to this Agr-eement and signed by the Ownef, Ar-ehiteet, and any ether- per-son er- efifity sought to be joined. Consent to ar-bitfafien inve!N4ng an additional per-son or- entAy shall not eqnstitute eenseflt tq ar-bi4Rgoa E) any elaim, dispwe eF other- Faaaef ift question not desefibed in the wr-Wen eafisent oF with a pefsen or- enfity fiat aeoer-danee with appheable law in any eatH4 having jur-isdietien thereof-. aeoer- t n .,:tl .. ..he al le law in .,„t 1.... ,1' theree r � YY § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES PAGE 7 § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Afehiteet, unless etr .,e Y ' -0ded in 8e`fioff '�zArchitect which is Cook County Illinois § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has Y 1 J advised tl n .eWt t in wfitift F written consent. PAGE 8 Arcmtecr ana the uwner. Fhe Architect shall not be obligated to indemnify the Owner for the Owner's own negligence. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Teffni :atie; >; *p • �Pe -cam def:.,,.d : Seetieft 1 .3.4.E due. PAGE 9 Additions and Deletions Report for AIA Document B141111-1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright 5 Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) .3 reproductions, plots st n, afd fefffl 1 „ e „. *��� handling and delivery of Instruments of Service; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; 7 rhimbufs ale expenses A r ,1 in Seetien 1 c c .8 other similar direct exile. Project-related l;* re� e j �P` =�xnenditures unless approved by the Village (List other documents, if any, forming part of the Agreement.) 1.4.1.2. Standard Form of Architect's Services: Design and Contract Administration AIA Document B 141-1997 and (List other documents, if any, delineating Architect's scope of services.) Letter dated March 26, 2008 to Village of Buffalo Grove (Exhibit A) summarizing scope of work to be performed and Project Budget - Priority Items and Fleet Services Addition dated March 26. 2008 (Exhibit B). v. a.azcs as ins ARTICLE 1.5 COMPENSATION All architectural and engineering services including mechanical electrical structural and civil engineering w Provided for a fee totalme 8.75% of the cost of conctnlctinn Thic n rrantarta haoo 1 f e ..,;11 he a F stipulated sum at mutual agreement between the Owner and Architect at the completion of the Design Development phase- Assistance , in Preaualifving Bidders (General Contractors) preparation of request for qualifications $5,000.00 Record Drawings — If the Owner requires electronic record drawings from the Architect inclusive of all Contractor as -built information consolidated onto the contract documents a stipulated sum totaling $10,000.00. Architect shall specify to the Contract Documents that the Contractor shall be responsible to provide As Built drawings PAGE 10 a Additions and Deletions Report for AIA Document B141 TM —1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and 6 criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) Principal in Charge 200 Senior Project Manager 140 Lead Designer 140 Project Manager 130 Project Desi per 130 Technical Specialist 1 110 Technical Specialist 2 90 Staff Desi ng er 1 80 Staff Designer 2 70 Student Intern 55 Administrative Assistant 80 Marketing Coordinator 85 Financial/HR Manager 120 § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point twenty -five ( 1.25 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any ather items ineiuded in c . , c c Reimbursable E*pex.esthe compensation shall be computed as a multiple of one point one (1.1 )times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5_5 Other- Reimb cQ bl Expenses, • f a l any, are as § 1.5.7 An initial payment of Five Thousand Dollars ($ 5,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. §1.5.8 .'. z ' '.. This agreement adopts by reference the provisions of the "Local Government Prompt Payment Act" 50 ILCS Section 50511 et. Sea § 1.5.9 If the services covered by this Agreement have not been completed within onths of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. PAGE 11 OWNER = Village of Buffalo Grove William H. Brimm, Villa e Manager ARCHITECT — SRBL Architects Ltd. x -� Additions and Deletions Report for AIA Document B141 TM —1997 Part 1. Copyright ©1417, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and 7 criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, Raymond K. Lee, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:02:58 on 06/05/2008 under Order No. 1000334545_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA° Document B 141TM — 1997 Part 1 - Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. x (Signed %h (Title) (Dated) AIA uocument LAW M — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:02:58 on 06/05/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (169296104) I • Document B141" -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, aProject schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document B1141'"' —1997 Part 2. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. §`2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; [nit. AIA Document B141 TM' —1997 Part 2. Copyright ©1917, 1926, 1948, 195®, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be .2 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN` DOCUMENTS §2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.2.2 The Owner shall provide written approval to the Architect, indicating approval of the Schematic Design Documents in order for the Architect to move onto the Design Development Phase. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.3.2 The Owner shall provide written approval to the Architect, indicating approval of the Design Development Documents in order for the Architect to move onto the Construction Documents Phase. §2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. Init. AIA Document B14111 —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 3 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. The Architect shall seek the owner's approval in writing to bid the project(s). ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. Init. AIA Document B141 TM —1997 Part 2. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 4 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner.' ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or Init. AIA Document 81411 -1 997 Part 2. Copyright 0 1917, 1926, 1948, 195®, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 5 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4, Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. §2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise Init. AIA Document 13141 TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 6 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_I which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. For standard product selections, color selections, and simple shop drawings (defined as less than three (3) pages) the Architect and its Consultants shall have ten (10) working days for review of such materials. For complex shop drawings (totaling more than three (3) pages in size, examples being structural steel or mechanical layout shop drawings) the Architect and its Consultants shall have fifteen (15) working days for review of such materials. § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. §2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT. COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. The Architect shall perform no more than two (2) substantial completion inspections and two (2) final completion inspections as part of basic services. Any additional required inspections shall be charged as additional services in accordance with article 1.5.2. Init. Alm uvuumem a747 „- — i vvt Part z. copyright © 1917, 1926, 1948, 195®, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be 7 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) ice Init. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to two , ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to one per week ( 1 /wk ) visits to the site by the Architect over the duration of the Project during construction. ,3 up to two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to two ( 2 ) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Serv AIA Document B14111 —1 997 Part 2. Copyright © 1917, 1926, 1948, 195®, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) 8 (Architect, Owner or Not Provided Description .1 Programming N/A Provided in Stud .2 Land Survey Services Owner AIA Document B14111 —1 997 Part 2. Copyright © 1917, 1926, 1948, 195®, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) 8 .3 Geotechnical Services Owner .4 Space Schematics /Flow Diagrams Architect .5 Existing Facilities Surveys Not Provided .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection N/A .8 Environmental Studies and Reports Owner .9 Owner - Supplied Data Coordination Owner .10 Schedule Development and Monitoring Not Provided .11 Civil Design Architect .12 Landscape Design N/A .13 . Interior Design Architect .14 Special Bidding or Negotiation Not Provided .15 Value Analysis Not Provided .16 Detailed Cost Estimating Not Provided .17 On -Site Project Representation Not Provided .18 Construction Management Not Provided .19 Start -up Assistance Not Provided .20 Record Drawings Optional - Architect Article 1.5.1 .21 Post - Contract Evaluation Not Provided .22 Tenant - Related Services Not Provided 23 Assistance Prequalifying Bidders Optional - Architect Article 1.5.1 .24 .25 Description of Services.' (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B 141- 1997, that was entered into by the parties as of the date: OWNE it ge�f $uffai Vrove ARC ECT — SRBL Architects td. (Sigh %Ill S 0 Q.Uk�✓� (Printed name and title) VAAkc r (Si na re) RayLfond K. Lee, Principal (Printed name and title) Init. AIA Document 13141 TM —1997 Part 2. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 9 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) Additions and Deletions Report for AIA® Document B 141"m — 1997 Part 2 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:55:51 on 05/22/2008. PAGE 3 § 2.4.2.2 The Owner shall provide written approval to the Architect indicating approval of the Schematic Design_ Documents in order for the Architect to move onto the Design Development Phase § 2.4.3.2 The Owner shall provide written approval to the Architect. indicating, nnnrnvnl of ti,P ilac ;— n.- 1,.,,.,,o.., Documents in order for the Architect to move onto the Construction Documents Phase. PAGE 4 § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. The Architect shall seek the owner's approval in writing to bid the project(s) PAGE 7 For standard product selections, color selections and simple shop drawings (defined as less than three (3) pages) the Architect and its Consultants shall have ten (10) working days for review of such materials For complex shop drawings (totaling more than three (3) pages in size examples being structural steel or mechanical layout shop drawings) the Architect and its Consultants shall have fifteen (15) working days for review of such materials § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. The Architect shall perform no more than two (2) substantial completion inspections and two (2) final completion inspections as part of basic services. Any additional required inspections shall be charged as additional services in accordance with article 1.5.2. PAGE 8 1 up to two ( reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to one per week ( 1 /wk ) visits to the site by the Architect over the duration of the Project during construction. Additions and Deletions Report for AIA Document B141 TM —1997 Part 2. Copyright @1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) .3 .4 up to two ( 2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. up to two ( 2) inspections for any portion of the Work to determine final completion. .1 Programming N/A Provided in Study .2 Land Survey Services Owner .3 Geotechnical Services Owner .4 Space Schematics /Flow Diagrams Architect .5 Existing Facilities Surve s Not Provided .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection N/A .8'' Environmental Studies and Reports Owner .9 Owner- Supplied Data Coordination Owner .10 Schedule Development and Monitorinq Not Provided .11 Civil Design Architect .12 Landscape Design N/A .13 Interior Design ` Architect .14 Special Bidding or Negotiation Not Provided .15 Value Analysis Not Provided .16 Detailed Cost Estimating Not Provided .17 On -Site Project Representation Not Provided .18 Construction Management Not Provided .19 Start-up Assistance Not Provided .20 Record Drawings Optional - Architect Not Provided Article 1.5.1 .21 Post - Contract Evaluation .22 Tenant- Related Services Not Provided .23' Assistance Precivalifying Bidders 0 tional - Architect Article 1.5.1 PAGE 9 OWNER - Village of Buffalo Grove LA} vV ARCHITECT — SRBL Architects Ltd. R mo d K. Lee Pfrinci al Additions and Deletions Report for AIA Document 8141 TM —1997 Part 2. Copyright 01917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and 2 criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No.1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, Raymond K. Lee, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:55:51 on 05/22/2008 under Order No. 1000334545_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA° Document B 141 TM — 1997 Part 2 - Standard Form of Architect's Services: Design and Contract Administration, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. ota.j —71, 2 (Signeal 1 1 I (Title) (Dated) AIA Document D4011— 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:51 on 05/22/2008 under Order No. 1000334545_1 which expires on 1/8/2009, and is not for resale. User Notes: (1973839807) RESOLUTION NO. 2008- 20 A RESOLUTION APPROVING AN ARCHITECTURAL SERVICE AGREEMENT FOR THE BUFFALO GROVE PUBLIC WORKS FLEET SERVICES ADDITION, WHEREAS, the completion of the Buffalo Grove Public Works Fleet Services Addition is desired; and, WHEREAS, consulting architectural services are required in order to proceed with the completion of this project; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The Owner - Architect Agreement related to the Buffalo Grove Public Works Fleet Services Addition is hereby approved. Section 2. The Village Manager is authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 5 - Braiman, Glover, Berman Trilling, Rubin NAYES: 0 - None ABSENT: 1 - Kahn PASSED: June 16 2008 APPROVED: June 16 2008 APPROVED: Village President _ ATTEST: illage Clerk GAP WDIRGRP\LHC \psc\res08.doc TO: Jane Olson Deputy Village Clerk FROM: Gregory P. Boysen Director of Public Works DATE: June 10, 2008 SUBJECT: Public Works Fleet Services Addition I am transmitting one copy of the resolution entitled "A Resolution Approving an Architectural Service Agreement for the Buffalo Grove Public Works Fleet Services Addition" along with two copies of the agreement entitled "AIA Document B141 -1997 Part 1, Standard Form of Agreement Between Owner and Architect." Once approved by the Village Board following their next regular meeting scheduled for Monday, June 16, 2008, please return 2 certified copies of the resolution and 2 copies of the agreement executed by the Village Manager for further processing. If you have any questions concerning this matter, please let me know. dMIU11I11CULS cc: William H. Brimm, Village Manager Ghida Neukirch, Deputy Village Manager G:\P WDIRGRP\LHC \psc \06108jo. doc meetings will be held with the staff and architectural team on this project. Progress reports will also be provided to the Village Board, with invitations to Trustees Braiman and Trilling, PW liaisons to attend appropriate status report and progress meetings. The attached Agreement is recommended for approvaL