LEGAL NOTICE

REQUEST for STATEMENT OF INTEREST and QUALIFICATIONS

Board of Education, School District No. 108, Tazewell County, 501 Washington Street, Pekin, Illinois 61554.

The Board of Education, School District No. 108, Tazewell County, Pekin, Illinois, will receive statements of interest and qualification for the procurement of architectural, engineering, and related services in the formulation of building plans, development of specifications, solicitation of bids, bid award recommendation, and project management services, until 10:30 p.m., on the 6th day of October, 1998, at the Office of the Director of Finance and Operations, Administration Center, Pekin Public School District #108, 501 Washington Street, Pekin, Illinois, at which place and time the statements of interest and qualification shall be publicly opened and read.

A mandatory conference shall be held on Tuesday, September 29, 1998 at 10:30 a.m. in the Board Conference Room, Pekin Public School District #108, 501 Washington Street, Pekin, IL. Statements will not be accepted from firms failing to attend this conference.

Specifications and instructions to qualified service providers may be examined at the office of the Director of Finance/Operations, Administration Center, Pekin Public School District #108, 501 Washington Street, Pekin, Illinois, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday or on the District’s WEB page www.pekin.net/pekin108/construction/index.html

The Board of Education of School District No. 108 reserves the right to enter into a contract with a service provider who best meets the needs of district, all being consistent with the School Code of Illinois and the Illinois Professional Services Selection Act.

Board of Education

School District No. 108

Tazewell County, Pekin, Illinois

by:

Debbie Phillips, Secretary

BOARD OF EDUCATION

ELEMENTARY SCHOOL DISTRICT NO. 108

PEKIN, ILLINOIS 61554

REQUEST FOR STATEMENT OF INTEREST AND QUALIFICATIONS

WILSON 2000 PROJECT

CONSTRUCTION OF A MAJOR GRADE 4-6 ADDITION AND RENOVATION TO AN EXISTING FACILITY TO CREATE AN EARLY CHILDHOOD CENTER

Office of the Director of Finance and Operations

September 1998

INSTRUCTIONS TO BIDDERS

GENERAL INSTRUCTIONS

1. Statements of interest and qualifications shall be submitted in a SEALED ENVELOPE properly marked with the title of the statement, date, and time of opening as follows:

Statement of Interest and Qualifications

WILSON 2000 PROJECT

CONSTRUCTION OF A MAJOR GRADE 4-6 ADDITION AND RENOVATION TO AN EXISTING FACILITY TO CREATE AN EARLY CHILDHOOD CENTER

October 6, 1998

10:30 A.M.

2. Statements of Interest and Qualifications shall be returned to the Office of the Director of Finance, Pekin Public School District #108, 501 Washington Street, Pekin, Illinois 61554, and will be accepted up until the time of the opening: October 6, 1998, 10:30 a.m.

3. Statements of Interest and Qualifications shall be opened at a public proposal opening to be held in the Board of Education Conference Room, Pekin Public School District #108, 501 Washington Street, Pekin, Illinois 61554, on Tuesday, October 6, 1998 at 10:30 a.m.

4. ALL STATEMENTS SHALL BE MADE ON THE FORMS PROVIDED.

5. UNSIGNED OR LATE STATEMENTS SHALL NOT BE CONSIDERED.

ALL CORRESPONDENCE SHALL BE ADDRESSED TO THE DIRECTOR OF FINANCE and OPERATIONS.

A MANDATORY CONFERENCE SHALL BE HELD ON TUESDAY, SEPTEMBER 29, 1998 AT 10:30 A.M. IN THE BOARD CONFERENCE ROOM, PEKIN PUBLIC SCHOOL DISTRICT #108, 501 WASHINGTON STREET, PEKIN, ILLINOIS. STATEMENTS WILL NOT BE ACCEPTED FROM FIRMS FAILING TO ATTEND THIS CONFERENCE.

9. Statements will be available for inspection in the Office of the Director of Finance and Operations during regular business hours after award of a contract.

BACKGROUND / CONTEXT

The Pekin Public Schools, District 108, Tazewell County, Pekin, Illinois is a pre-K through 8th grade elementary district located on the East bank of the Illinois River between Chicago and St. Louis. The District was incorporated in 1869 by special act of the Illinois Legislature and has continually operated since that time. Comprised of ten attendance centers on eight campuses including a central kitchen and maintenance facility, the Pekin Public Schools is experiencing growth in its population, addition to program and a consequent reduction in available space, out-dated facilities, and facilities whose age has exceeded their useful life.

Consistent with its Strategic Plan, 20-year Facility Plan, and Infrastructure Enhancement and Capital Improvement Plan, the District submitted an application to the Illinois State Board of Education for a School Construction Entitlement Grant in April 1998. On July 29, 1998 Governor Jim Edgar came to Pekin, Illinois and awarded the Pekin Public Schools a $4,989,000 School Construction Grant (75% of total funding). (The District is currently preparing a revised Program Statement in an attempt to secure up to $4,000,000 in additional Capital Development Board funding.)

The Grant entitlement and award call for the district to address its nearly 1,450 identified "un-housed" students in, primarily, grades pre-K through 6. Plans call for the construction of a major addition to the existing Wilson School for the housing of the current Grade 4-6 population and, additional funding available, the renovation of the existing structure into an Early Childhood Education Center. The latter renovation will allow for the consolidation of pre-school programming into one building freeing up space in the remaining K-3 attendance centers of the district. The District’s Program Statement can be found at Exhibit ‘A’ attached hereto and incorporated by reference herein.

SCOPE of PROJECT

The Pekin Public Schools seek an architectural and engineering firm or consortium thereof capable of assisting with and translating the vision of the district in designing a 4th-6th Grade (Phase 1) or combined 4th-6th Grade and Early Childhood Center (Phase 2) to address from 800 (Phase 1) to 1,450 (Phase 2) un-housed students of the district. Design features shall include the incorporation of "classroom of the future" thinking, appropriate integration of instructional technology, and long-term economically efficient and effective building components and designs. This project shall proceed in accordance with, and be guided by the District’s Strategic Plan, 20-year Facility Plan, Technology Plan, and Infrastructure Enhancement and Capital Improvement Plan. This project shall be known and referred to as the Wilson 2000 Project.

The Architect chosen to provide these services (the "Architect) shall participate with district staff, parents, and community members in "visioning" teaching and learning in the 21st Century at the Wilson School and perform such other Pre-design and Supplemental Services as more fully described in the Specifications Section.

The Architect shall also participate in visioning the systems and designs that best support the programmatic vision. In this visioning process, the Architect will be called upon to share examples of and conduct site visits to those districts the Architect has helped incorporate like visions and perform such other Schematic Design and Supplemental Services as more fully described in the Specifications Section.

The Architect shall translate the envisioned programmatic and design features into an architectural rendering including cost estimates and options for a 4th-6th Grade addition and an Early Childhood remodeling, separately and in combination with one another, and such other Schematic Design and Design Development Services as more fully described in the Specifications Section.

The Architect shall develop for bid, specifications which lead to the construction of the "envisioned" 4th-6th Grade addition and Early Childhood Center remodeling, as permitted by available funds and determined by the Board of Education and perform such other Design Development and Construction Documents Services as more fully described in the Specifications Section.

Additionally, the Architect shall develop for bid, subject to the Owners review, contract documents and specifications which protect the District during the Construction phase against any and all disputes, budget over-runs, and project delays, including but not limited to bid, performance, and payment bonds; hold harmless clauses and comprehensive liability and workers compensation insurance (naming the District as an "additional insured"); compliance with Illinois laws including Prevailing Wage Act, Preference Act, and the Human Rights Act; and incentive bonuses and/or penalties for timely, satisfactory completion and perform such other Construction Document Services as more fully described in the Specifications Section.

The Architect shall solicit bids of General Contractors for the construction of the Wilson 2000 Project, doing so in full compliance with 105 ILCS 4/10-20.21 and perform such other Bidding or negotiations services as more fully described in the Specifications Section.

The Architect shall review and evaluate all bids submitted and make an award recommendation based upon the "lowest, responsible bid" (emphasis added) or that bid submitted by a given contractor, in the best judgement of the Architect, that will result in the envisioned (by the District) and specified (by the Architect) construction being completed on-time and under budget and in accordance with applicable law and the Illinois School Construction Program guidelines and perform such other Bidding or negotiations services as more fully described in the Specifications Section.

The Architect shall work in cooperation and coordination with the District’s on-site project manager and shall act on behalf of the district in fielding all questions and queries of the General Contractor and such other project management services as more fully described in the Specifications Section.

The Architect shall process and validate all change authorizations, change orders, requests for payment, waivers of lien, use of subcontractors, adherence to prevailing wage, employment, and other laws governing the construction of a public school building and perform such other Construction Contract Administration Services as more fully described in the Specifications section.

The Architect shall convene and lead regularly scheduled construction meetings including the owner, contractor, and project manager and be responsible for producing progress reports tied to a previously prepared construction plan and perform such other Construction Administration Services as more fully described in the Specifications Section.

The Architect shall be responsible for coordinating the training of district staff in the operation and maintenance of all systems and components and perform such other Post-Construction Services as more fully described in the Specifications Section.

BUDGET and FINANCING

The budget for Phase 1 of the Wilson 2000 project shall not be less than $6,652,000. A portion of the funds (75%) or $4,989,000 shall come from the Capital Development Board as part of a Fiscal 1999 School Construction Grant award. The remaining funds shall come from District reserves set aside for the same. The District is currently seeking up to $4,000,000 in additional CDB funding to be matched by $1,333,000 in additional District reserves, Phase 2, bringing the total potential project costs to $11,985,000. There currently is no guarantee that the District will undertake Phase 2.

District will fund its portion of the project from reserves; the project is not dependent upon the passage of a referendum.

ERRORS AND OMISSIONS

All statements shall be submitted with each space properly completed. The special attention of service providers is directed to the policy that no claim for relief because of errors or omissions in the statement will be considered, and bidders will be held strictly to the statements as submitted. Should a Service Provider find any discrepancies in, or omissions from, any of the documents or be in doubt as to their meaning, the service provider shall advise the Director of Finance and Operations who will issue any necessary clarifications to all prospective service providers by means of an addendum.

WITHDRAWAL of STATEMENTS

Statements may be withdrawn by letter, telegram, facsimile, or in person prior to the date and time established for the opening of the same.

INVESTIGATION of ARCHITECTS

The Pekin Public Schools shall conduct such investigations as may be necessary to ascertain the prospective Architects qualifications to successfully carry out the scope of work. Such investigations my include but not be limited to: contacting references including owners, construction managers, and general contractors; conducting site visits of projects recently completed and those completed between 10 and 15 years ago; comparison of budgeted project costs to actual bid costs; volume and amount of change orders processed; amount of contingencies set aside and use thereof; interviews with principals and assigned project personnel; financial information provided by Dunn & Bradstreet or other acceptable sources; assessment of other work in progress or planned; court proceedings and litigation; and additional selection criteria deemed relevant by the Pekin Public Schools.

LICENSING REQUIREMENT

The lead architect and engineers assigned to the Wilson 2000 Project must be licensed as the same within the State of Illinois.
Any other employees or subcontractors of the Architect subject to licensing under Illinois law shall carry appropriate and current licensure.

SCHEDULE / BONUS

The following schedule has been set forth.

Sept. 8
Wilson 2000 Committee convenes to develop Architect RFP

Sept. 21
Board of Education approves RFP and authorizes Director of Finance and Operations to solicit prospective bidders

Oct. 6
Bid response due on Architect RFP; Wilson 2000 Committee re-convenes to review proposals

Oct. 8
Wilson 2000 Committee narrows prospective list of architects to three (3)

Oct. 9
Director of Finance and Operations contacts prospective architects and arranges interviews of principals and lead personnel and site visitations

Oct. 12-14
Wilson 2000 Committee conducts interviews, site visits; Director of Finance negotiates contract other provisions

Oct. 15-16
Wilson 2000 Committee convenes to make award recommendation; Director of Finance finalizes negotiations

Oct. 19
Board of Education award Phase 1 contract; Board of Education award Phase 2 contract subject to CDB final determination of Grant award.

Oct. 20-Dec. 14
Architect meets with Wilson 2000 Committee, begins formulating building plans—participates in visioning process

Jan. 1- Apr. 19
Architect completes Pre-design through Construction Documents Services

Apr. 5, 1999
Board authorizes solicitation of Bids from General Contractors

May 3, 1999
Bids due

May 4-13, 1999
Evaluation of bids; preparation of Construction Bid award recommendation

May 17
Special Board of Education Meeting: award of contract for construction

June 1999-Dec. 2000
Complete construction of Wilson School Grade 4-6 addition (Base Bid I); Begin renovation of existing Wilson School into Early Childhood Center (Base Bid II).

Jan. 2000
Phase 1 Punch list completed

Jan. 2000
Move into and occupy Wilson School Grade 4-6 addition

June 2001
Phase 1—Post construction evaluation: appropriate use and maintenance

July 2002
All work of construction completed; move into and occupy Early Childhood Center

July 2002
Phase 2 Punch list completed

August 2002
Final payment

August 2002
Phase 2—Post construction evaluation: appropriate use and maintenance

A $10,000 bonus shall be awarded for meeting time-lines leading up to the start of construction.

A $20,000 bonus shall be awarded for a project that comes in under budget and remains under budget through the completion of "all work of construction."

PUBLIC ACT 85-1295 (720 ILCS 5/33E-3, 33E-4)

The undersigned service provider certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or any unit of government in the State of Illinois, nor has the service provider made an admission of guilt of such conduct which is a matter of record, nor has an official, agent, or employee of the service provider committed bribery or attempted bribery on behalf of the Architect and pursuant to the direction or authorization of a responsible official of the service provider. The undersigned service provider further certifies that it is not barred from submitting a proposal or entering into a Contract as a result of a conviction of State Laws prohibiting bid-rigging or bid-rotating.

CONTRACT

The Pekin Public Schools shall enter into a Standard Form of Agreement Between Owner and Architect in substantially the same form as that provided in AIA Document B141 (1987 Edition), Standard Form of Agreement Between Owner and Architect, as modified herein. The terms and conditions of this Request shall become part of and be incorporated into said same Agreement.

DISPUTE RESOLUTION

Any disputes arising out of the award of this contract and not otherwise resolved by the parties may be redressed by the injured party through civil action brought in a Court of Competent Jurisdiction. For the purposes of this RFP, such Court of Competent Jurisdiction shall be the 10th Judicial Court of Tazewell County, Pekin, Illinois for matters involving the School Code or Illinois Professional Services Act or any other claim arising under State law, as applicable.

Any fees incurred by the Pekin Public Schools in defending against an action brought by a provider or in the alternate its representative or "Surety" or brought by the district against a provider shall be the responsibility of the service provider, unless a court of competent jurisdiction renders judgement in the service providers favor.

EVALUATION and AWARD

The Pekin Public Schools reserves the right to procure the architectural and engineering services it deems bests suits its needs consistent with the District’s Strategic Plan, 20-year Facility Plan, Infrastructure Enhancement and Capital Improvement Plan, and Illinois School Construction Grant program guidelines.

In evaluating the Architect, the District shall take into account qualifications, ability of professional personnel, past record and experience, performance data on file, willingness to meet time and budget requirements, work load of the firm, responses to questionnaire, references, interviews, exceptions to this Request, project approach, and all other information provided in response to this Request.

The District will select a minimum of three Service Providers which it determines to be most qualified to provide services for the project, and will rank those service providers in order of qualifications. As part of the ranking, the District shall interview each prospective service provider to clarify their response and visit sites of successfully completed projects.

Following interviews, the District will select a final service provider from among the qualified firms from those identified in accordance with the Professional Services Selection Act and attempt to negotiate a final contract. In the event that the District is unable to do so, the District may negotiate with other qualified service providers.

SIGNATURE CONSTITUTES ACCEPTANCE & ASSURANCES

I, , a duly authorized representative of , have read the terms and conditions under which this Statement is submitted. I do hereby certify that the information provided is true and correct to the best of my knowledge, and that I have not failed to include any matters within my knowledge that are material to this Statement.

Attest:

Its: Date:

Mailing Address to which all correspondences should be sent:

Phone Number: ( ) Fax Number: ( )

BID SPECIFICATIONS

Instructions:

In preparing your quotation for Schedule 1.1, please note below the basic services required of the architect; The cost of services that are "reimbursable" and/or "other" should be noted on a separate sheet of paper—see Schedule 1.1 for instructions in preparing and labeling these costs.
Exceptions to the Basic Services specified below—including those "additional" or "other" services requested as basic—should be noted on Schedule 1.2.
Please note for the below: First column is our reference number. Second column is AIA Document B141, as amended herein, reference number. Last column is required service (adapted from AIA Document B141).

ARTICLE 1

ARCHITECT’S RESPONSIBILITIES

A1.1 ARCHITECT’S SERVICES

A1.1.1
1.1.1
The Architect’s services consist of those services performed by the Architect, Architect’s employees and Architect’s consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12.

A1.1.2
1.1.2
The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner’s review 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.

A1.1.3
1.1.3
The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1.

A1.1.4
1.1.4
It is understood and agreed that the Architect has the expertise with respect to the services to be performed under this Agreement and that any approval by the Owner of any schematic design documents, design development documents, construction documents, drawings and/or specifications is merely an approval of the general concept but not of any of the required substance or detail, and any such approval by the Owner shall not relieve the Architect of responsibility for accuracy, completeness, adequacy, sufficiency and suitability for the intended purpose of all such documents, drawings and specifications.

A1.1.4 N.A.

ARTICLE 2

SCOPE OF ARCHITECT’S BASIC SERVICES

B2.1 DEFINITION

B2.1.1
2.1.1
The Architect’s Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services and include normal structural, mechanical and electrical engineering services.

B2.2 SCHEMATIC DESIGN PHASE

B2.2.1
2.2.1
The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner.

B2.2.2
2.2.2
The Architect shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. of AIA Document B141.

B2.2.3
2.2.3
The Architect shall review with the Owner alternative approaches to design and construction of the Project.

B2.2.4
2.2.4
Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components.

B2.2.5
2.2.5
The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs.

B2.3 DESIGN DEVELOPMENT PHASE

B.2.3.1B2.3.2
2.3.2
The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost.

B2.4 CONSTRUCTION DOCUMENTS PHASE

B2.4.1
2.4.1
Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project.

B2.4.2
2.4.2
The Architect shall prepare for approval by the Owner the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor.

B2.4.3
2.4.3
The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions.

B2.4.4
2.4.4
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.

B2.4.5

2.4.5

The Architect shall prepare Drawings, Specifications and other documentation and supporting data, evaluating Contractor’s proposals, and provide other services in connection with Change Orders and Construction Change Directives.

B2.5 BIDDING OR NEGOTIATION PHASE

B2.5.1
2.5.1
The Architect, following the Owner’s approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction.

B2.6 CONSTRUCTION PHASE – ADMINISTRATION OF THE

CONSTRUCTION CONTRACT

B2.6.1
2.6.1
The Architect’s responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 120 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3.

B2.6.2
2.6.2
The Architect shall provide administration of the Contract for Construction 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, unless otherwise provided in this Agreement.

B2.6.3
2.6.3
Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld.

B2.6.4
2.6.4
The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Service at the Owner’s direction from time to time during the correction period described in the Contract for Construction. 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 instrument.

B2.6.5
2.6.5
The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2 of AIA Document B141.)

B2.6.6
2.6.6
The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor’s schedules or failure to carry out the Work in accordance with the Contract Documents, except that, if the Architect becomes aware of any fault or defect indicating that the Project when completed would not be in conformance with the Contract Documents, he shall give prompt written notice thereof to the Owner. Nothing contained in this paragraph shall relieve the Architect from responsibility or liability to the Owner for any failure of Architect to perform in accordance with the terms of this Agreement. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.

B2.6.7
2.6.7
The Architect shall at all times have access to the Work wherever it is in preparation or progress.

B2.6.8
2.6.8
Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect’s consultants shall be through the Architect and reviewed by the Owner with the Architect at the earliest opportunity.

B2.6.9
2.6.9
Based on the Architect’s observations and evaluations of the Contractor’s Applications for Payment, the Architect shall review and certify the amounts due the Contractor. The Architect shall obtain mechanic’s lien waivers and contractor’s sworn statements listing sub-contractors and materialmen before issuing Payment Certificates, and, if such sworn statements or waivers cannot be obtained, then the Architect’s Certificates shall be conditioned upon the receipt of such waivers.

B2.6.10
2.6.10
The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s observations at the site as provided in Subparagraph 2.6.5 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, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to the completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the Owner shall not be required to make such payments unless in its own independent judgment it accepts the Architect’s certificate for payment. 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.

B2.6.11
2.6.11
The Architect shall have authority to reject Work, which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 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 performing portions of the Work. Any work rejected by the Architect shall be promptly reported in writing to the Owner.

B2.6.12
2.6.12
The Architect shall review and approve or take other appropriate action upon 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 construction of the Owner or of 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 designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.

B2.6.13
2.6.13
The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3 of AIA Document B141, for the Owner’s approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. The Architect will provide written summaries of the status of all change order requests to date and submit such summaries monthly with the monthly invoice for services.

B2.6.14
2.6.14
The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive 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 upon compliance with the requirements of the Contract Documents. However, the issuance of such final Certificate for Payment shall not bind the Owner to any payment unless it accepts such final Certificate for Payment. Additionally, the Architect shall review all warranties and related documents and render a recommendation to the Owner as to whether they are in conformance with the specifications for warranties included in the Contract Documents. The Architect shall not be responsible for legal analysis of the content of any warranties or related documentation. Upon completion of the Project, the Architect shall also review and transmit to the Owner the marked-up prints, drawings or other data regarding "as built" conditions required of the Contractor by the Owner. The Architect’s review will be for significant changes in the Work made during construction of which the Architect is aware.

B2.6.15
2.6.15
The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents on written request of the Owner. The Architect's response to such requests shall be made within reasonable promptness and within any time limits agreed upon.

B2.6.16
2.6.16
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. 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 and in the form of drawings, with supporting documentation as appropriate. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by Contractor.

B2.6.17
2.6.17
The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

B2.6.18
2.6.18
The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents.

B2.7
N.A.
The Owner shall retain the right to all intellectual property produced by the Architect.

ARTICLE 3

ADDITIONAL SERVICES—TO BE INCLUDED IN BASIC SERVICE COST CALCULATIONS

C3.1 GENERAL

C3.1.1
3.2.2
Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. The Project Representative shall work on-site an average of 20-hours per week.

C3.2 OPTIONAL ADDITIONAL SERVICES

C3.2.1
3.4.1
Providing analyses of the Owner’s needs and programming the requirements of the Project.

C3.2.2
3.4.6
Providing services to investigate existing conditions or facilities or to make measured drawings thereof.

C3.2.3
3.4.7
Providing services to verify the accuracy of drawings or other information furnished by the Owner.

C3.2.4
3.4.9
Providing services in connection with the work of a construction manager or separate consultants retained by the Owner.

C3.2.5`
3.4.16
Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect.

C3.2.6
3.4.17
Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation.

ARTICILE 4

OWNER’S RESPONSIBILITIES—TO BE PERFORMED BY AND INCLUDED IN ASRCHITECT’S BASIC SERVICES COST CALCULATIONS

D4.1D4.2
4.6
The Architect shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.

E1.1 N.A. Insurance. The Architect shall carry and cause to remain in force the following insurance provisions and limits shown in Table 2. Additionally, the Pekin Public Schools shall be named as an "additional insured" and with the following revised notice of cancellation language (including strike-through): "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." Evidence of said same insurance should be appended to Schedule 5 in the form of a standard Acord Form.

E1.2 N.A. Limits. The below enumerated limits (Table 2) should be considered minimums and may be satisfied with primary policies or in conjunction with an umbrella policy.

TABLE 2

INSURANCE COVERAGES

Form of Coverage
Limits of Liability

Errors and Omissions
$1,000,000 Each Occurrence

General Liability
$1,000,000 Bodily Injury/$1,000,000 Property Damage or $1,000,000 Combined Single Limit

Workers Compensation
$1,000,000 Employers Liability

END OF SPECIFICATIONS

Exhibit 1

CDB Program Statement

PROGRAM STATEMENT

A. PROJECT RATIONALE

There are 1,400 inadequately house students in the Pekin Public Schools, representing 1/3rd of the total student population of 4,200. The majority of these students are located at our two middle schools: Wilson and Washington. (District Facility Plan: Section IV) Of the remaining inadequately housed, they are at the K-3 level.

Two projects are contemplated for the Wilson School campus: remodeling the existing 4-6 facility and constructing a major addition thereto.

The existing 4-6 structure would be remodeled to accommodate the district’s pre-school programming, freeing up classroom space in each of the K-3 buildings. The new addition would house the displaced Wilson Middle School students and a majority of the Washington Middle School students.

The Wilson campus was chosen because of the district owned "green" space to the East and West and privately owned farmland to the South.

The function of the building and overall programmatic purpose shall be consistent with the District’s Strategic Plan appended hereto as Exhibit #1.

B. EDUCATIONAL PLAN (AS FOUND IN ISBE DISTRICT FACILITIES PLAN)

Existing Circumstances

Regular Division Populations

Currently, Pekin Public Schools District 108 operates 10 schools housed on 8 campuses. Six of the schools are primary level, housing grade Pre-K through 3. Two middle schools house grades 4-6 and two junior high schools house students in grade 7 and 8. Each junior high school building has a primary school attached.

Special and Scarce Populations

Special programs are housed within the school buildings. Each school houses a special education program for scarce populations, such as self-contained, autistic, behavior disordered, community-based instruction, etc. The district promotes "inclusionary" practices in the housing of special education students. In addition, four primary schools house early childhood special education classrooms. One of the junior high / primary school campuses houses a program for children identified as at-risk and for their parents. This program has both preschool and adult education components.

Determination of School Assignment

The district is divided by residential areas such that the primary schools are "home schools" for their immediate neighborhoods. Three primaries feed into each middle school, and each intermediate feeds into a junior high. All students attend the schools associated with their residence, with the following exceptions:

School Choice Program—At registration in August, parents are provided opportunity to apply for admission to a school other than that associated with their residence. Requests are granted according to class size parameters.
Special Education Scarce Populations—Resource Learning Disabled students are housed in their school of residence. All other special education populations are housed in schools where the required program is offered. In rare cases, special education students may require programs not offered by the district. In those cases, the students are bussed to nearby communities where the programs are offered.
Existing Needs

Pekin District 108 has space needs in each of three areas:

Aging Structures—The district operates two buildings aged 50 years or more, six buildings aged 20-50 years, and two buildings aged 20 years. Of these, three buildings are ADA accessible, one each of primary, middle, and junior high. Room sizes and configurations, especially in the two older buildings, are poorly designed for current instruction involving hands-on, project-based, and technology integrated learning activities.
Special Education Programs—There is insufficient space to house the district’s special education populations. These programs are often assigned to undersized spaces or are housed in non-accessible buildings.
Preschool and Family Literacy Programs—The preschool and adult education program occupies what would otherwise function as a primary classroom, a junior high science lab, and a junior high home economics lab. In addition, space limitations limit the program to serving about 180 students, leaving a large number of eligible children on waiting lists.
Addressing the Needs

The district intends to construct a new structure on an existing school campus and renovate the existing structure on the same campus. This site, upon which is one of the oldest buildings, has acreage available for a larger facility. Current plans include replacing that middle school with a larger, fully accessible structure designed for current instructional methods. The additional capacity will allow new residential boundaries to be drawn to reduce the student load at the other middle school. This will reduce crowding and allow its space to be improved for current instructional methods.

The new or renovated structure will include a separate wing for the early childhood, preschool, and adult education programs. Once these programs are moved from existing buildings, the district will be able to reallocate and remodel space to improve the learning environment in all the buildings.

C. DESCRIPTION OF ACTIVITY AREAS

The Board of Education of District 108 has set up a design-input study committee with its primary purpose being to determine the necessary requirements for an addition/new building being constructed on the existing Wilson Middle School property. The addition/new structure is anticipated to reduce the student over-population of the several buildings the District owns. The committee is composed of the Financial Director representative from the District’s administrative offices, a principal, the District’s architect, several teachers, representatives of the neighborhood, and the District’s Building and Grounds Department.

At this time, it is anticipated that a new middle school building would be constructed contiguous with or separate from the existing middle school building. This new structure would include some 35 classrooms which, based upon class sizes of 25 students, would house approximately 851 students (see inadequately housed students). The new structure would include a gymnasium with bleacher seating, a stage and dressing area; a cafeteria commons and food serving area large enough for serving some 225 per serving, allowing a 4-period lunch. Three pairs of rest rooms would be included as well as mechanical spaces, central heating plant, electrical rooms, storage space and janitorial/maintenance areas needed to service this new structure. An office/administration core will include space for principal, assistant principal, steno/receptionist, two counselors, nurse, rest rooms, conference room, and a teachers’ lounge. Other basic educational spaces would include an electronic information center/learning center, music room, art room and basic science rooms. The entire structure is anticipated to be on one level.

The classrooms will be developed around the District’s Global 2000 Program. Each classroom will be arranged with multiple computer stations surrounding the classroom desk/seating area focusing on the internet connected ceiling-hung monitor, arranged for inter-school and other facility, two-way interaction.

Heating and ventilating will be provided by a central hot-water boiler system with individual classroom ventilators set up with air conditioning, as the future of education requires "12-month school". Each classroom will have individual temperature control.

The office area will probably be located at the main entrance to this facility. All communications and alarm systems will be incorporated into the new facility, including, but not limited to fire alarm, clock, public address and bells systems, all compatible with recently installed systems District wide.

The structure is anticipated to be a face brick with concrete block back-up steel framed structure, to duplicate the exterior finish of the existing school. The water main and sanitary sewer mains will connect at Koch Street. Electrical power would come from Koch Street. Interior finishes would be carpeted classrooms, acoustical tile ceiling, painted concrete block interior walls. The window treatment would be dual glazed sash with blinds between the glass for lighting control with operable vents with screens for natural ventilation. The frames will be aluminum thermally broken.

The site will provide parking spaces for teachers and staff, all weather surfacing for outdoor student activities, graded and grassed field play areas. Bus turn around and loading areas will be provided between the new and existing buildings. All services traffic will be directed to the rear of the site using an existing access road.

Future development will occur after the completion of the new structure. The student population of the existing Wilson Middle School will be transferred over to the new Wilson Middle School. At that time, the existing building will be renovated and remodeled to become the District-wide pre-kindergarten facility. All entering students into those pre-kindergarten and younger classes will start in this facility. Once completed and open, this will reduce the over-populated conditions at the other elementary schools.

D. GENERAL BUILDING CONSIDERATIONS

All communications systems will be provided in the facility including public address, office-room and room-office calling, telephone, computer LAN and Internet systems.

Building security, a growing issue, will be provided as has been included in all other District 108 facilities.

Floor finishes will be carpet for classrooms, hard-finish floor tile for corridors and rest rooms and food service areas. All floor surfaces, excluding the central heating plant, will be covered with finish flooring conducive to the space use.

All utilities for this facility will be to or from utility company main services, for instance, new sewer connection to street main, new water service off street main, telephone and electrical services from appropriate utility server.

Heating ventilating and air conditioning will be furnished in all occupied rooms and spaces throughout the facility. Classrooms will utilize classroom unit ventilators with self-contained air conditioning.

Features like ‘facility flexibility’, ‘future expansion’, ‘community use’ have not yet been considered, but will be included as committee refines the project criteria.

Actual "footprint" has not been determined yet although it may range from 75 to 85,000 square feet. The building site is over 10 acres and currently has a middle school of approximately 44,673 square feet in "footprint."

Exterior facades are anticipated to be face brick with concrete block back-up, as is the construction of all other District 108 facilities. Window space will more than likely be in the range of 15% of classroom floor area with 50% being operable.

E. SITE ANALYSIS

Size of the anticipated project has not been determined to this date, but it might range from some 75 to 85,000 square feet. The building will be a one-story facility to comply with the Americans With Disabilities Act.

All required utilities are available at this site.

Parking for each teacher, staff member and service visitor will be available as well as parking for 10 to 12 visitors.

Loading/unloading areas for buses and parents’ autos will be incorporated into the site paving layout.

Service access to the building is anticipated coming from the back side of the site along the existing service access drive.

Landscaping will be standard evergreen shrubs in wood mulched beds.

At this time, future expansion plans have not been investigated although are on the agenda for future discussion.

Recreational and athletic fields and outdoor teaching areas will be discussed and planned for inclusion based upon available money and space as they are determined.

The corn field behind this District owned site will not be affected with this anticipated expansion program.

Currently the expansion area is either mowed field or land loaned to a service organization for community activity space.

Previous uses of this ground are unknown although it was either grazing land or corn field over 60 years ago when the District procured it. Recent concerns regarding toxins and hazardous materials will more than likely require the soils are tested prior to any new construction program being initiated.

Exhibit 2

AIA Document B141 (1987 Edition), as Amended

AMENDMENTS TO A1A DOCUMENT B141-1987

Article 1.1.4. Add this new Subparagraph:

It is understood and agreed that the Architect has the expertise with respect to the services to be performed under this Agreement and that any approval by the Owner of any schematic design documents, design development documents, construction documents, drawings and/or specifications is merely an approval of the general concept but not of any of the required substance or detail, and any such approval by the Owner shall not relieve the Architect of responsibility for accuracy, completeness, adequacy, sufficiency and suitability for the intended purpose of all such documents, drawings and specifications.

Article 2.4.2. After the word "shall", replace the phrase "assist the Owner in the preparation of" with the following phrase:

prepare for approval by Owner

Article 2.4.5. Add the following new Subparagraph:

The Architect shall prepare Drawings, Specifications and other documentation and supporting data, evaluating Contractor’s proposals, and provide other services in connection with Change Orders and Construction Change Directives.

Article 2.6.1. Substitute "120" for "60" in the fifth line.

Article 2.6.6. Add the following words at the conclusion of the second sentence:

except that, if the Architect becomes aware of any fault or defect indicating that the Project when completed would not be in conformance with the Contract Documents, he shall give prompt written notice thereof to the Owner. Nothing contained in this paragraph shall relieve the Architect from responsibility or liability to the Owner for any failure of Architect to perform in accordance with the terms of this Agreement.

Article 2.6.8. Add the following words at the conclusion of this Subparagraph:

and reviewed by the Owner with the Architect at the earliest opportunity.

Article 2.6.9. Add the following words at the conclusion of this Subparagraph:

The Architect shall obtain mechanic’s lien waivers and contractor’s sworn statements listing sub-contractors and materialmen before issuing Payment Certificates, and, if such sworn statements or waivers cannot be obtained, then the Architect’s Certificates shall be conditioned upon the receipt of such waivers.

Article 2.6.10. On the fifteenth line, delete the word "However" and capitalize the word "the". Add the following on the fourteenth line after the word "certified":

However, the Owner shall not be required to make such payments unless in its own independent judgment it accepts the Architect’s certificate for payment

Article 2.6.11. Add the following words at the conclusion of this Subparagraph:

Any work rejected by the Architect shall be promptly reported in writing to the Owner.

Article 2.6.13. Add the following sentence at the conclusion of this Subparagraph:

The Architect will provide written summaries of the status of all change order requests to date and submit such summaries monthly with the monthly invoice for services.

Article 2.6.14. Add the following words at the end of this Subparagraph:

However, the issuance of such final Certificate for Payment shall not bind the Owner to any payment unless it accepts such final Certificate for Payment. Additionally, the Architect shall review all warranties and related documents and render a recommendation to the Owner as to whether they are in conformance with the specifications for warranties included in the Contract Documents. The Architect shall not be responsible for legal analysis of the content of any warranties or related documentation. Upon completion of the Project, the Architect shall also review and transmit to the Owner the marked-up prints, drawings or other data regarding "as built" conditions required of the Contractor by the Owner. The Architect’s review will be for significant changes in the Work made during construction of which the Architect is aware.

Article 2.6.15. On line 2, delete the phrase "Owner and". Beginning on line 3, delete the word "either" and delete the phrase "or Contractor".

Article 2.6.16. Add the following words at the conclusion of the first sentence in line four:

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 and in the form of drawings, with supporting documentation as appropriate. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by Contractor.

Article 2.6.19. Delete this Subparagraph in its entirety.

Article 3.3.1 through 3.4.20. Insert the following sentence at the conclusion of each of these Subparagraphs (unless deleted or as modified below):

The Owner’s obligation to make payment to the Architect for any additional services shall be contingent upon the Architect securing the Owner’s prior written approval for such proposed additional services before commencing such work. Nothing contained in these paragraphs shall release the Architect of responsibility for work, without extra costs to Owner, when such work is appropriate or necessary due to Architect’s error.

Article 3.3.3. Delete this Subparagraph in its entirety.

Article 3.3.6. At the end of this Subparagraph, add the following phrase:

, except to the extent of the fault of the Architect.

Article 3.3.8. Delete the following words in the first line:

a public hearing

Article 3.3.9. Delete this Subparagraph in its entirety.

Article 4.5. Add the following words in the first sentence and line after the word "shall":

, as applicable,

Article 4.6. Add the words, "as applicable", in the first sentence and line after the word "shall" and delete the words "when such services are requested by the Architect" in the second line.

Article 4.8. Substitute the following language for the first two lines of this Paragraph:

The Owner shall furnish all legal, accounting, and insurance services for its needs for the Project,

Article 4.9. Add the following words at the end of this Paragraph:

but the Architect shall endeavor to advise the Owner of any errors or inaccuracies he discovers

Article 4.10. Substitute the following language for this Paragraph:

The Owner shall endeavor to provide the Architect and the Architect shall endeavor to provide the Owner prompt written notice if either party becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents.

Article 4.11. Add the following words in the second line after the word "shall":

if reasonably possible

Article 5.1.4. Add the following new Subparagraph:

The Architect shall not be entitled to payment for additions to the Construction Cost solely as a result of errors by the Architect or Architect’s Consultants.

Article 5.2.2. Add the following words after the word "adjustments" in the second sentence, line nine:

with Owner’s approval

Article 6.1. Add the following words to the end of this Subparagraph:

or except for reference purposes

Articles 7.1 - 7.4. Delete these Paragraphs in their entirety.

Article 8.6. Delete the words "and all Termination Expenses as defined in paragraph 8.7" in the last sentence.

Article 8.7. Delete this Paragraph in its entirety and substitute the following:

Notwithstanding any other provisions of this Agreement, the Owner or Architect shall have the right to terminate this Agreement at any time, upon giving thirty (30) days written notice of such termination to the other, for any reason deemed adequate in their sole discretion, and, in such event, the Architect is to be paid for his services in connection herewith an amount which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Architect bear to the total services necessary for the full performance of this Agreement, and such payment, plus all reimbursable payments then due, shall be in full discharge of all rights of the Architect under this Agreement. Without additional compensation, but provided the Owner has paid in full the total amount due the Architect described above, the Architect shall nevertheless after the termination make available for review and use by Owner and any Architect subsequently retained by the Owner any drawings, plans, specifications and records which the Architect herein has prepared in connection with any Project. If such drawings, plans, specifications and records are so utilized by the Owner, Owner shall indemnify and defend the Architect with respect to any claim against the Architect to the extent such claim arises out of the Owner’s use of the drawings and specifications after termination of the Architect’s services.

Article 9.1. Delete this Paragraph in its entirety and substitute the following:

This Agreement shall be governed by the law of the principal place of business of the Owner and any court proceeding filed on behalf of the Owner or Architect as a result of any allegation relating to or based on this contract shall be filed in the Circuit Court of the Owner’s principal place of business.

Article 9.3. Delete this Paragraph in its entirety and substitute the following:

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 the date of issuance of the final Certificate for Payment.

Article 9.10. Add the following new Paragraph:

From the Contractor’s shop drawing, manufacturer’s product literature and other data submitted to the Architect, the Architect shall furnish the Owner with a file copy of all such documents only after these documents have been reviewed as provided in Subparagraph 2.6.12 and returned to the Contractor. Said transmittals shall impose no duty on the Owner nor obligate the Owner to review said documents for design concepts which are the rightful responsibility of the Architect.

Article 10.2.1. Add the following to the end of this Subparagraph:

Requests from the Architect for reimbursable expenses will in all instances be accompanied by proof of invoice where applicable and shall not exceed actual out-of-pocket expenses or such authorized multiple of such expenses, as may be agreed upon by the Owner and Architect.

Article 10.2.1.6. Delete this Subparagraph in its entirety.

Article 11.5.2. Add the following words in the second sentence after the word "date":

unless such amounts are reasonably in dispute by the Owner

Insert the following:

Thirty (30)

Ninety (90)

Article 12.1. Add the following new Paragraph:

The Architect and his consultants shall analyze the adequacy of