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

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incnrnncra in exees of-that nofmally eaFFied •4 . n w'4 > i .9 All taxes levied en pr- siefial ser-Aees and Em Reimbufsable Expease&�, .10 /S'�ite eBiee ,e,r;cs;,a,d § 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. § 11.5.1 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.The inveiee shall„lse list mmernnts due r_De:,,.,t,...sablepensesT ayments,if any,are due and payable upon.presentation of the Architect's invoice.Amounts unpaid ( )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. PAGE 14 % N/A (a) General Terms The Owner and the Architect mutually agree that the Services to be performed pursuant to this Agreement are being rendered in coniunction with the voluntary election by the Architect to provide such Services at a reduced cost or at no cost to the Owner as part of the Architect's delivery of professional services in conjunction with the Architect's corporate goal to benefit persons or entities,or in furtherance of certain societal objectives which the Architect in its sole discretion,believes to be consistent with the corporate values of the Architect Therefore Architect shall be granted broad discretion as to: (a)the delivery of the Services(including the timing of such delivery)'(b)the staff designated by the Architect to perform the Services(including consultants if any to the Architect);(c)the content and format of the Instruments of Service and;(d)the form of any deliverables constituting the Instruments of Service Without derogation of the generality of the foregoing in the event that any provision of Services in relation to this Agreement specifies or requires an unspecified or indeterminate number of reviews deliverables visits meetings or other actions or items the Architect may,in its sole discretion determine the proper number. (b) Limited Liability Entity The Owner acknowledges that the Architect and its consultants are limited liability entities and agrees that any claim made by it arising out of any act or omission of any director,officer or employee of the Architect,or its consultants in the execution or performance of this Agreement,shall be made against the entity and not against any of their individual directors,officers or employees.. (c) Contractor Insurance Owner will require the Contractor and its Subcontractors to purchase insurance to cover claims and other expenses, including costs of defense, asserted against Architect, its agents, employees and consultants for bodily injury, sickness, disease or death caused by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. Such insurance shall state: "The coverage afforded the additional insureds shall be primary insurance for the insured or additional insured with respect to claims arising out of operations performed by or on behalf of the named insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be treated as excess or contingent coverage. The extent of the insurer's liability under this insurance policy shall not be reduced by the existence of such other insurance." Additions and Deletions Report for AIA Document B106——2010(rev.1012010).Copyright®2010 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 7 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 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12131/2013,and is not for resale. User Notes: (724650291)