2024-058-E-AMS-Bret Horton Architect -Efland Cheeks Community Center Architect Design for enclosure of patio porch

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DRAFT AIA Document B105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:02:31 ET on 10/04/2023 under Order No.2114440389 which expires on 06/01/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1953515632) 3 Owner and Contractor. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. 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 the Architect. 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 . ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect’s Compensation shall be: « Existing Conditions Documentation (only includes documentation of existing covered porch and building spaces immediately adjacent to it): $500.00 Design Phase: $2,250.00 Construction Documents Phase: $4,500.00 (includes $2,500 for structural engineering) Bidding and Negotiation Phase: $600 Reimbursement for obtaining commercial general liability policy, required by the county: $536 Total Fee: $8,386.00 » The Owner shall pay the Architect an initial payment of « zero » ($ «0 » ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus «zero » percent ( «0 » %). Payments are due and payable upon receipt of the Architect’s monthly invoice. Amounts unpaid «thirty » ( « 30 » ) days after the invoice date shall bear interest from the date payment is due at the rate of «two » percent ( «2 » %) « monthly» , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide additional services not included in Article 1 for additional compensation. Such additional services may include, but not be limited to, providing Construction Administration Services; providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the Project scope, quality or budget, or due to Owner-requested changes in the approved design; evaluating changes in the Work and Contractors’ requests for substitutions of materials or systems; providing services necessitated by the Contractor’s failure to perform; and the extension of the Architect’s Article 1 services beyond «eighteen » ( « 18 » ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) « To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Architect and the Architect's officers, directors, partners, employees and subconsultants, and any of them, to the Owner and anyone claiming by or through the Owner, for any and all claims, losses, costs or damages, including attorneys' fees and costs and expert -witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Project or the Agreement from any cause or causes shall not exceed the total compensation received by the Architect under this Agreement, or the total amount of $50,000, whichever is greater. It is intended that this limitation apply to any and a ll liability or cause of action however alleged or arising, unless otherwise prohibited by law. » DocuSign Envelope ID: 3784B9F6-E281-4738-AA2C-55C8784C6045