R2016-76 AUTHORIZING CITY MANAGER TO ENTER INTO A CONSTRUCTION PROJECT MANAGMENT (Dewberry Architects)

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Asreement pertaining to the acts or failures to act shall be deemed to hove accrued and tt�e applicable statutes of timi�tions shali commence to run not Iater than either the date of Substantial Completion for acts or failures to act occuRing prior to Substantial Comptetion or the date of issuance of the final Certificate for Payment for acts or failures to act occurrins after Substantial Completion. In no event shell such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 'ilie Owner and Architect waive al!claims and causes of action not commenced in accordance with this Section 8.I.I. § 8.1.2 To the extent damages are cnvered by property insurance,thc Owner and Architect waive all rights against each other and against the contractors,consultants,a�ents and employees of the other for damages,except such rights as they may have to the proceeds of such insnrance.'I'he Owner or the Architect,as appropriate,shall require of the contractors,consultsnts,agents and employees of any af them similar waivers in favor of the other parties enumerated herein. 3he nature of the conduct that causes the damage shall not vitiate this waiver. § 8.9.3 Ttie Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Ageement.This mutual waiver is applicable,without limitation,to all cansequential damages due to eithcr party's tennination of this Ageement,except as spccifically provided in Section 9.7. § 8.2 MEOIATION § 8.2.1 Any claim,dispute or other matter in question arisin�out of or related to this Ageement shall be sub}ect to mediation as a condition precedent to binding dispute resolution.lf such malter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordanoe with applicable law to comply with the lien notice or filing deAdlines prior to resolution ofthe matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Archit�ct shall endeavor to resolve claims,disputes and other matiers in question between them by mediation which,uniess the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction[ndustry Mediation Procedures in effect on the date of tttie Ageement.A request for mediadon shell be made in writin�,delivered to tlte other party to the Ageement,and filed with the person or entity administering the mediation.'[he request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 6U days trom the date of filin�,unfess stayed for a longer period by agreement of the parties or court order.[f an arbitration proceeding is stayed pursuant to ti�is section,the parties may nonetheless proceed to the selection of the arbitrator(s) and a�ee upon a schedule for later proceedings. § 8.2.3 The parties shall shere the mediator's fee and any filing fees equelly,The mediation shall!�e held in the place where the Project is located,unless another location is mutually a�recd upon.Ageements reached in mediation shall be enforceable as settlement ageements in any court having jurisdiction thereof. § 8.2.41f the parties do not resolve a dispute through media►ion pursuant to this Section 8.2,th�method of binding dispute resolution shalE be the following: (Paragraphs dele�ed) {X ]Litigation in a court iocated in(Macon County, Illinois}. Both parties specifically waive their ri�ht to a jury trial to resolve any and all claims,including but not limited to those sounding in contract, torc,or stetute,against the oti�er arising out of or connected in any way to the Prajcct or this Agreement because the pariies hereto believe that the complex commercial and professional aspects of their dealings with one another make a jury determination neilher desirable nor appropriate. � � (Paragraphs deleled) ARTlCLE 9 TERMINATiON OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shal{be cansidered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Ageemen�. If the Architect elects to suspend services,the Architcct shaQ give �n� AIA Documant 8101"'—2007(formsrfy B1 fi1"'—1997).Copyrfpht O 1974,1978,1987,1997 and 2007 by The Amerlean MltiOuta o1 Archllech.All r{pffb rsssrv�d,WARNING.This A!A' Document Is protected by U.S.Copyrlghl Law and IntemaUonal Treatfes.Unautharized reproductlon or disWbution 14 of thf�AlAz Document,or any poRlon of k may result In aevero clvll and crlminal penattles,and wlll be prosecuted to the maximum extent possible l u nder tha law.TNs documeMwss pmduced byAlA sotlwaro at 11 27 l5 On 08/06l2016 under Order No 6563709714_1 whidi e�lrcs on 07101l2018,arb la ratforresele llser Nof�s: (1937318371) J