R2018-21 Authorizing Professional Services Agreement with Dewberry ARchitects for New Fire Station No. 5

Home Browse Search

§9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. §9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS §14.1 This Agreement shall be governed by the law of the State of Illinois. §10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 2007,General Conditions of the Contract for Construction. §10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement or any interest or claim related to it or any monies due or to become due arising from this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Any unauthorized assignment or transfer,except as noted above,shall be deemed void and invalid,the assignee shall acquire no rights as a result of such assignment and the non-assigning party shall not recognize any such assignment. §10.4 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.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. §10.5 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. The Owner shall include this provision in its contract with the Contractor. I §10.6 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. §10.7 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 previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION §11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Paragraph Deleted) I A stipulated sum of Two Hundred Fifteen Thousand dollars($215,000.00) AIA Document B101 p1—2007(formerly 011511^ —18871.Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.AN rights Inst reserved.WARNING:This AIA£ Document is protected by U.S.Copyright Law and International Trestles.Unauthorized reproduction or distribution of 16 this AIA! Document,or any portion of It,may result in severe civil and criminal penalties,and well be prosecuted to the maximum extent possible t under the law This document was produced by AIA software at 17:03:54 on 01131!2018 under Order No 4966021632 which expires on 0411112018.and is riot for resale. User Notes: (389ADA17)