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Agenda - 01-20-1987
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Agenda - 01-20-1987
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BOCC
Date
1/20/1987
Meeting Type
Regular Meeting
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Agenda
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with the fixed limit.The providing of such service shall be or extended through no fault of the Architect, compensa- <br /> the limit of the Architect's responsibility arising from the tion tor any Basic Services required for such extended <br /> establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract <br /> Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- <br /> performed, in accordance with this Agreement, whether tional Services. <br /> or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of <br /> Construction Cost, and any portions of the Project are <br /> ARTICLE 4 deleted or otherwise not constructed, compensation for <br /> DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent <br /> services are performed on such portions, in accordance <br /> 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based <br /> aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, <br /> ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent <br /> customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- <br /> as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. <br /> fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF <br /> and similar contributions and benefits. ADDITIONAL SERVICES <br /> ARTICLE 5 6.2.1 Payments on account of the Architect's Additional <br /> Services as defined in Paragraph 1.7 and for Reimbursable <br /> REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall,be made monthly <br /> upon presentation of the Architect's statement of services <br /> 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. <br /> pensation for Basic and Additional Services and include <br /> actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD <br /> tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's <br /> Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages <br /> paragraphs: or other sums withheld from payments to contractors, or <br /> 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than <br /> Project; bitig€ is 3t2611=48iKNAMailillkiKtrawrdc those for which the Architect is held legally liable. <br /> tiargkx1ARItAtOncxxxxonottlinSiCKIWoCktegrallXiitikRix 6.4 PROJECT SUSPENSION OR TERMINATION <br /> mondmpapotarakmfountanikackautorgagrafextkuvacua 6.4.1 If the Project is suspended or abandoned in ihexikftirRk or in part for more than three months, the Architect shall <br /> 5.1.2 BcpwawaxitaiptmiterWousetaworaiXtranlierguig be compensated for all services performed prior to receipt <br /> • arg0iiimtooxoitonclimenrodecxxotwAnR of written notice from the Owner of such suspension or <br /> mizadmailanxiDnabwafttenagexathatonoxicizerombdteL abandonment, together with Reimbursable Expenses then <br /> Altalitegliateacimthecintx due and all Termination Expenses as defined in Paragraph <br /> 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for <br /> duction techniques when used in connection with Addi- more than three months, the Architect's compensation <br /> tional Services. shall be equitably adjusted. <br /> 5.1.4 If authorized in advance by the Owner,expense of <br /> overtime work requiring higher than regular rates. ARTICLE 7 <br /> 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS <br /> quested by the Owner. <br /> 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- <br /> limits, including professional liability insurance, requested coining to Additional Services and services performed on <br /> the basis of a Multiple of Direct Personnel. Expense shall <br /> by the Owner in excess of that normally carried by the <br /> Architect and the Architect's consultants. be kept on the basis of generally accepted accounting <br /> principles and shall be available to the Owner or the <br /> ARTICLE 6 Owner's authorized representative at mutually convenient <br /> times. <br /> PAYMENTS TO THE ARCHITECT ARTICLE 8 <br /> 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS <br /> 6.1.1 An initial payment as set forth in Paragraph 14.1 is <br /> the minimum payment under this Agreement. <br /> 8.1 Drawings and Specifications as instruments of serv- <br /> 6.7.2 Subsequent payments for Basic Services shall be ice are and shall remain the property of the Architect <br /> whether the Project for which they are made is executed <br /> made monthly and shall be in proportion to services per- <br /> formed within each Phase of services, on the basis set or not. The Owner shall be permitted to retain copies, in- <br /> forth in Article 14. eluding reproducible copies, of Drawings and Specifica- <br /> tions for information and reference in connection with the <br /> 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project, The Drawings <br /> established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on <br /> AIA DOCUMENT 0191 •OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977• AIA®•®1977 <br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 <br />
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