Agenda - 12-02-1985 - Laserfiche WebLink

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a ' . with the fixed limit.The providing of such service shall be or extended through no fault of the Architect,compensa- the limit of the Architect's 'responsibility arising from the lion for any Basic Services required for such extended establishment of such fixed'limit,and having done so,the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services" shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 61,4 When compensation is based on a percentage of (• "' Construction Cost, and any portions of the Project are • ARTICLE 4 deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2,based aries of all the Architect's pi rsonnel engaged on the Proj- on (1) the lowest bona fide hid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received,the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTf?CLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Corn- rendered or expenses incurred. pensation for Basic and Additional Services and include 6.3 PAYMENTS WITHHELD actual expenditures made b the Architect and the Archi- tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages q, paragraphs: I or other sums withheld from payments to contractors, or ( 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in 4mnection with out-of-town those for which dhe Architect is held legally liable. travel; long distance commilnicationsr and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION s4 securing approval of author,ities having jurisdiction over sus 6.4.1 If the Project is suspended or abandoned in whole s the Project. 1 P or in part for more than three months,the Architect shall 5.1.2 Expense of reproductions,postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding P of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the reproductions abandonment, together with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in Paragraph 5.1:3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for a` duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1,4 If authorized in adva ce by the Owner,expense of overtime work requiring higher than regular rates. ARTICLE 7 ti 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any addi I ional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- 1 limits,including professional liability insurance,requested raining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO IiHE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as Iset forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- 6.1.2 Subsequent 1 ice are and shall remain the property of the Architect • q payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not.The Owner shall be permitted to retain copies,in- formed within each Phase tf services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. • tions for information and reference in connection with the 6.1.3 If and to the extent drat the Contract Time initially Owner's use and occupancy of the Project.The Drawings established in the Contract lior Construction is exceeded and Specifications shall not be used by the Owner on ! MA DOCUMENT Pm•OWNER•ARCIIITECT AGREEMENT•1HIKTEENiH EDITION•JULY 1977•AIAe•01977 THE AMERICAN INSTITUTE 07 ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 8141.1977 7