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1985-086-RES WHEREAS, the City of Paris has need for professional services and William M. Lightfoot, A.I.A., 10 1st
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1985-086-RES WHEREAS, the City of Paris has need for professional services and William M. Lightfoot, A.I.A., 10 1st
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8/18/2006 4:35:01 PM
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6/2/2005 10:38:06 AM
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CITY CLERK
Doc Name
1985
Doc Type
Resolution
CITY CLERK - Date
10/14/1985
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<br />with the fixed limit. The providing of such service shall be <br />the limit of the Architect's responsibility arising from the <br />establishment of such fixed limit, and having done so, the <br />Archilect shall be entitled to compensation for all services <br />performed, in accordance with this Agreement, whether <br />or not the Construction Phase is commenced. <br /> <br />ARTIClE 4 <br /> <br />DIRECT PERSONNEL EXPENSE <br /> <br />4.1 Direct Personnel Expense is defined as the direct sal- <br />aries of all the Architect's personnel engaged on the Proj- <br />ect, and the portion of the cost of their mandatory and <br />customary contributions and benefits related thereto, such <br />as emplayment taxes and other statutory employee bene- <br />fits, insurance, sick leave, holidays, vacations, pensions <br />and similar cantributions and benefits. <br /> <br />ARTICLE 5 <br /> <br />REIMBURSABLE EXPENSES <br /> <br />5.1 Reimbursable Expenses are in addition to the Com- <br />pensation for Basic and Additional Services and include <br />actual expenditures made by the Architect and the Archi- <br />tect's employees and consultants in the interest of the <br />Project for the expenses listed in the following Sub- <br />paragraphs: <br />5.1.1 Expense of transportation in connection with the <br />Project; living expenses in connection with out-af-town <br />travel; long distance communications, and fees paid for <br />securing approval of authorities having jurisdiction over <br />the Project. <br />5.1.2 Expense of reproductiuns, postage and handling of <br />Drawings, Specifications and other documents, excluding <br />reproductions for the office use of the Architect and the <br />Architect's consultants. <br />5.1.3 Expense of data processing and photographic pro- <br />duction techniques when used in connection with Addi- <br />tional Services. <br />5.1.4 If authorized 10 advance by the Owner, expense of <br />overtime work requiring higher than regular rates. <br />5.1.5 Expense of renderings, models and mock-ups re- <br />quested by the Owner. <br />5.1.6 ExpC'nse of any additional insurance coverage or <br />limits, including profcssionalliabilily insurance, requested <br />by (he Owner in excess of that normally carried by the <br />Architect and the Architect's consultants. <br /> <br />ARTiClE 6 <br /> <br />PAYMENTS TO THE ARCHITECT <br /> <br />6.1 PAYMENTS ON ACCOUIQT OF BASIC SERVICES <br /> <br />6.1.1 An initial payment as set forth in Paragraph 14.1 is <br />the minimum payment under this Agreement. <br />6.1.2 Subsequent payments for Basic Services shall be <br />made ff18ntl.l, Jlf'l8 J~lldl hi ifll "rsJlsrti8fl1 te J(f'.i!!! ,ur <br />fer",eEl .. i,kiF! eUR Pkue gf !:9P'i1liBo, on the basis set <br />forth in Article 14. <br /> <br />6.1.3 H ....a t~ d.... ...",I...I.t II.at the. (~"lr4d T:...... :"':1:.:.11, <br />ol~bl:Jhul :.. the (~fit.~...l r~. (o....t.......I:('.o.. :.. _"'.........d...d <br /> <br />tion tor any Basic Services required extended <br />period of Administrati onstruction Contract <br />shall be as set forth in Paragraph 14.4 for Addi- <br /> <br />6.1.4 When compensation is based on a percentage of <br />Construction Cost, and any portions of the Project are <br />"Cleleted or otherwise not constructed, compensation for <br />such portions of the Project shall be payable to the extent <br />services are performed on such portions, in accordance <br />with the schedule set forth in Subparagraph 14.2.2, based <br />on (1) the lowest bona fide bid or negotiated proposal or, <br />(2) if no such bid or proposal is received, the most recent <br />Statement of Probable Construction Cost or Detailed Esti. <br />mate of Construction Cost for such portions of the Project. <br /> <br />6.2 PAYMENTS ON ACCOUNT OF <br />ADDITIONAL SERVICES - <br /> <br />6.2.1 Payments on account of the Architect's Additional <br />Services as defined in Paragraph 1.7 and for Reimbursable <br />Expenses as defined in Article S shall be made monthly <br />upon presentation of the Architect's statement of services <br />rendered o.r exp~nses tncurrerJ, w~th. copies of <br />supp'ort~ve lnY01ceS ]ustlfYlng same. <br />6.3'" PAYMENTS WITHHELD . <br /> <br />6.3.1 No deductions shall be made from the Architect's <br />compensation on account of penalty, liquidated damages <br />or other sums withheld from payments to contractors, or <br />on account of the cost af changes in the Work other than <br />those for which the Architect is held legally liable. <br /> <br />6.4 PROJECT SUSPENSION OR TERMINATION <br /> <br />6.4.1 If the Project is suspended or abandoned in whole <br />or in part for more than three months, the Architect shall <br />be compensated for all services performed prior to receipt <br />of written notice from the Owner of such suspension or <br />abandonment, together with Reimbursable Expenses then <br />due and all Termination Expenses as defined in Paragraph <br />10.4. If the Project is resumed after being suspended for <br />more than three months, the Architect's compensation <br />shall be equitably adjusted. <br /> <br />ARTICLE 7 <br /> <br />ARCHITECT'S ACCOUNTING RECORDS <br /> <br />7.1 Records of Reimbursable Expenses and expenses per. <br />taining to Additional Services and services performed on <br />the basis of a Multiple of Direct Personnel Expense shall <br />be kept on the basis of generally accepted accounting <br />principles and shall be available to the Owner or the <br />Owner's authorized representative at mutually convenient <br />times. <br /> <br />ARTICLE 8 <br /> <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />8.1 Drawings and Specificatians as instruments of serv- <br />ice are and shall remain the property of the Architect <br />whether the Project for which they are made is executed <br />or not. The Owner shall be permitted to retain copies, in- <br />cluding reproducible copies, of Drawings and Specifica- <br />tions for information and reference in connection with the <br />Owner's use and occupancy of the Praject. The Drawings <br />and Specifications shall not be used by the Owner on <br /> <br />AlA DOCUMENT 1141 . OWNER-AKCtllHCT AGREEMt:NT . THIRTElNTH EDITION. JULY 11J77 . AIA-. e 1977 <br />THE AMERICAN INSTITUTE. Of ARCHITECTS, 171S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 <br /> <br />8141-1977 7 <br />
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