1997-154-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 29TH DAY OF APRIL 1996

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the specific infonnation considered by the Owner to be: c:lfifi- dential or proprietary. The Owner shall provide profes..'ilonal credit for the Architect on the comrrucrion sign :md in the: pro- motional malertUs for the Proiect. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10,1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cOSt of their mand:ltory and customary con. tributions and benefits related theretO, such as employmenr taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar comribU[il)t~ and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses ate in addition to compensa- tion for Basic and Additional Services and include c:xpeoses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project. as identified in the foUO\v- iog Clauses. 10.2.1.1 Expense of tr.msportation in connection with the Project; expenses in connection wlth authori7.ed out-of-town travel; long-distance communi~tions; and fees p-J.id for secur- ing approval of authorities having jurisdiction over the ProieG. 10.2.1.2 Expense of reproductions, postage and handting of Drawings, Specifications and O(her documents. 10.2.1.3 If authorized in advance by the Owner. expense of overtime work requiring higher than regul:Jr rates. 10.2.1.4 Expcnc;e of renderings, model.. and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insur:mce coverage or limits, including professional liability insut4nce, requested by lhe Owner in excess of that normally carried by the Architect :md Archilect's consultants. 10.2.1.6 Expense of computer-aided design and dF.l.fting equipmenr time when used in connecrion with the ProJC'ct. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial p~yment as set forth in Pangraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly :md, where applicable, shall be in proportion to ser- vices performed within each ph:lSe of service, on the basis set fonh in Subparagraph 11.2.2. 10.3.3 If and to the extent th:H the time initially t:Stablished in Subp'J.r".lgrnph 11.5.1 of this Agreemenr is exceeded or extended through no fault of the Architect, compensation fOf any ser- vices rendered during the additional period of time shall be computed in the m2!lCler set forth in Subparagnph 11.3.2. 10.3.4 When compensation is based on a percent:lge of Con- struction Cost and any portions of the Project are deleted or orherwise nor constructed, compensation for those portions of thl.: Project shall be: payable to the extent services are per. formed on those portions, in accordance with the schedule ::iCt forch in Subpar.l.graph 11.2.2, based on (I) the lowes( bona fide bid Or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed esHm:zte of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES I 'I I',} 'II, I' I I 10.4.1 P;1yments on ;1CCOUnt of the Archi[ect's Additional Services and for Reimbursable Expenses shall be made monthly upon pre,senr:ltJon of the Architecr's sl2rement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions sh:lll be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums wJthheld from payments to comractOrs, or on aCcount of the cost of changes in the Work orher than those for which the Architect has been found to be li<lbJe. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimburs::ible Expenses and expenses pCf- [aining (0 Additional Services and services performed on the b:.1Sis of a multiple of Direct Personnel Expense shall be avail. :.lbJe to [hl: Owner or the Owner's authorized representative at mu[Ually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner !:ihall compensate [he Architect as follows: 11.1 ANINITrALPAYME"To[ Ten Thousand Dollars 0011.,,(5 10,000.00) sh:Ul be made upon exc(.."ULion of [his Agreement and credited to the Owner's account at fm:u JYJ.yment. 11,2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Arricle 2, and any olher services induded in t\rtide 12 as parr of Basic Services, Basic Compensation shall be computed as follows: (fluert basis of compensation, including slipulcdec( sums, mu/lipl4?s or pl!rCl'lllai</f!s. and ide'nfi!y phases /(J wbicb partiCII/ar methods oj compt'nsatimz apply, if n('CI!Ssary.) A lump sum fee of $ 150,000.00 billed in progress payments in accordance with Sectionll,2.2. Fee Calculation will be made in the following manner: All rates are according to Exhibit A "Billing RatesM attached. (150,000 x (Percentage of Completion)+ Reimbursible Expenses (Sec:ion 11.4)+ Additional Expenses(Section 11.3} I I AlA DOCUMENT B141 . OWNER.A.RCHITECT ^GREEMENT. FOURTEENTH EDITION. AlA- . @19H7 THE .-\MERICAN I:-lST1TUTE Of ARCIIlTECTS, 1735 NEW YORK AVENUF., N,'\t'.. W...,SIIINGTON, D.C. 20006 B141.1987 8 .. , II l~ WARNING: Unlicensed photocopying violate. U.S. copyrighllaws and Is subject to legal prosecution.