Agenda - Council - 08/11/2014 - Laserfiche WebLink

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§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Exp enses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is locate* except that tt the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitratioi Act shall goverm0 8.3. § 102 Terms in this Agreement shall have the same meaning as those in AIA Document A10'-2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assign - and legal —. representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement withou thcwritten consent of the other, except that the Owner may assign this Agreement to a lender providing fin tracing forthe Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such certil.udtcb or consents shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 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 Architect. § 10.6 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. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. However, the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services as described under Article 3, the Owner shall com follows: (Insert amount of or basis for, compensation.) «Design ($23,271) and Construction Administration Services (819,393) _ $42,664.00 Owner reserves the right to not proceed with Construction Administration portion of the work in the event the City Council elects to not proceed with Project. » ensLtte the'. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) § 11.3 For Additional Services that may arise during the course of the Project, including these 4der Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) «Exhibit B - AIA Document 5104.' - 2007. Copyright e 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Lam and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 10 or any portion of it, may result incivil and criminal penalties, and mill be prosecuted to the ma extent possible under the lam. This draft was produced by AIA software at 16:22:58 on 07/21/2014 under Order No.4664407957 which expires on 07/21/2015, and is not for resale. User Notes: a (3B9ADA2C)