2013-086 AMS - Perkin + Will Architects for Design and Engineering Services for Historic Rogers Rd Community Center

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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. § 10.6 Unless otherwise required in this Agreement,the Architect 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. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Pro Bono Services described under Article 3,the Owner shall compensate the Architect as follows: 1 The Owner shall assess the monetary value of the Architect's donation as the number of hours of Pro Bono Services provided by the Architect and the Architect's consultants multiplied by the billing rates set forth in Section 11.3.The Owner shall provide the Architect all benefits and forms of recognition entitled to any donor of that amount. .2 The Owner shall provide recognition for the Architect's work in both design form and built form,as follows: (Insert the type of recognition and the format it shall be provided) N/A .3 The Owner shall provide the following additional forms of compensation: (List additional forms of compensation—e.g., the Architect's presentation to the appropriate Board of Directors or Board of Trustees.) N/A § 11.2 The Architect shall be entitled to compensation for its Pro Bono Services in accordance with this Agreement whether or not the Agreement is terminated by either party. § 11.3 For the purposes of Section 11.1.1,the hourly billing rates for services of the Architect and the Architect's consultants,are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (Attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate Project Architect $150 per hour (Paragraphs deleted) § 11.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants,plus percent(N/A %)of the expenses incurred. § 11.5 Payments to the Architect § 11.5.1 Unless otherwise agreed,the Architect shall submit monthly invoices for Pro Bono Services performed to provide a record of the value of the Architect's Pro Bono Services that have been donated.Payments,if any,are due AIA Document B106--2010(rev.10/2010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, 13 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 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale. User Notes: (724650291)