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MAR. 13. 1998 5:25PM BRANDSTETTE~ GARROI,I. <br />the spedfic Infotmatlon considered by the Owner to be confi- <br />dential or proprietary. The Owner shall provide professional <br />credit for the Architect on the coristmction s,gn and in the pta <br />motional rrtatcriais Cor the Project. <br />ARTICLE 10 <br />PAYMENTS TO THE ARCHITECT <br />10.1 DIRECT PEIq$ONN0. EXPENSE <br />10.1.1 Direct Personnel Expense is defined as the direct <br />salaries of nc~ Architect's personnel engaged on the Project and <br />the portion of the cost Of their mandatory and customary mn- <br />trlbutiocts and brnefits feinted thereto, such as employment <br />taxes and other statutory employee bcncflts. i,uurance, sick <br />trove, holidays, vacations, pensions and similar contributions <br />and benefits. <br />10.2 REIMBURSABLE EXPENSES <br />10.2.1 Reimbursable Expenses arc in addition to compensa- <br />tion for Basic and Additional Services anti include epenses <br />incurred by the Architect and Architect"s employees and con- <br />sultants In the interest of the Project, as identified in the follow- <br />ing Clauses. <br />10.2.1.1 Expense of transportation in mnnecclon with the <br />Projca; experues in connection with authorized out-of-town <br />trtvel; long•distance communications: and fees paid for sccur• <br />irtg ipproval of authorities having jurlsdlction over thr Projctt. <br />10.2.1.2 Expcnsc of reproductions, postage and handling of <br />Drawings, Spctifications and other documrnc5. <br />10,2.1,3 if authorized in advance by the Owner, exptnsc of <br />overctme work requiting hightr than regular nets. <br />10.21.4 Expense of rrndtrings, models and mcx:k-ups requested <br />by the Owner. <br />10.2.1.5 Expense of additional insurance coverage or ltmirs. <br />including professional liability insurance, requested by the <br />Owner in cxccss of that normally carried by the Architect and <br />Architect's consultants. <br />10.2.1.6 Exprnsc of computer-aided design and drafting <br />equipment time whrn used in connecuon with the Protect. <br />ri0.~~? ?. 18 <br />10.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br />10.3.1 An initial paymrnt u set forth In Paragrlph 11.1 is the <br />minimum payment under this Agrecmrnt. <br />10.3.2 Subsequent paymrnts for Basic Services shall be made <br />monthly and, where applicable, shall be in proportion co set• <br />vices performed within each phut of service, on the basis set <br />forth in Subparagraph 11.2.2. <br />10.3.3 If and to the extent that the time initially established in <br />Subparagraph 11.51 of this Agreement !S exca:dcd or attended <br />through no fault of the Architect, compensation for any ser- <br />vices rcndtrcd during the additional period of time. shall be <br />rnmputed in the manner set forth !n Subparagraph 11.3.2. <br />10.3.4 When compensation is based on a percentage of Con- <br />srruccion Cost and any portions of the Pro)eCC are deleted or <br />otherwise not constructed, compensation for those porcloru of <br />the Prolcct shalt be payable to the extent services arc per- <br />formed on those portions, in accordance with the schedule set <br />forth in Subparagraph 11.2.2, hued on (1) the lowest bona fide <br />bid or negotiated proposal, or (2) it no such bid or proposal !s <br />received, the most recent preliminary estimate of ConsttVCtion <br />.Cost or detailed tatimatc of Cortsttuction Cost for such por- <br />tiuns of the Project. <br />10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL . <br />SERVICES - <br />10.4.1 Payments on account of the Architect's Additional <br />Services and for Reimbursable Expenses shall be made monthly <br />upon presentation of the Architect's statement of services ren• <br />tiered or expcrues incurred. <br />10.5 PAYMENTS WITHHELD <br />10.5.1 No deductions shall be made from the Architect's com- <br />pensation on account of penalty, ligutdated damages or other <br />sums withheld from payments to contractors, or on account of <br />the cost of changes in the Work ocher than those for which the <br />Architect has been found to be liable. <br />10.6 ARCHITECT'S ACCOUNTING RECORDS <br />10.6.1 Rrcords of licimbursablc Expenses and expenses per- <br />taining ro Additional Services and services performed on the <br />basis of a multiple of Direct Personnel Expense shall be avail• <br />able to the Owner or the Owner's authorized reprrscntativt at <br />mutually convernenr times. - <br />ARTICLE 11 <br />BASIS OF COMPENSATION <br />The Owner shall compensate the Architect as follows: <br />11.1 AN INITIAL PAYMENT of Zero Uotl:tes (f _p _ <br />shall be made upon execution of this Agreement and credited to the Owner's account a< final payment. <br />112 BASIC COMPENSATION <br />112.1 FOR BASiG SERVICES, u described In Article ?, and any other services included in Article 12 a' part of i3aciC Services, Eiasic <br />Compcns~tion shall be computed as fvUows: <br />(lasrrr dust: of comptnrsarlnu. 1xclLCri.~y styr.(pr~l sprat.:. rrrrJdp/rs oa• pdrr~rrcgtrt, nirrJ idmuijr /first:. m n'Nh'b p[rrgcrrlur nmrl+rtG ~~/ cangxnuuuui ry~/yr'. f/ <br />rtlcY33a!y.J <br />Seven percent (7~6) of the cost of construction. Based on a preliminary <br />estimate of construction cost of ;2,153,429 the fee shall be $150,740. <br />Yf the Cost of Construction varies by more or less than five percent (5;b) <br />rhp fep aNat t ro ~~;lisferi~l^~ordirigi~- <br />AIA tlOCUMENT Spat ~ p~YNEA-AACFfITCCT nGR¢EMFNT • POUATt!LN7'tt EDiTtttN ~ Aug • sC) t9tt~ <br />Ttl! AMllilt:AN In~T1TUTl: of AR(:tllTt•:(,'lS, I7i5 NP,w YURK AVENtIF, N w. V/A$NIN('jTUN, l).G 2txKa+ 8141-1987 8 <br />WAHrNNQ Uriken~ed pholot:opylAp Ytolatls U.S. copyright Iwo and i~ sut~jeet to iegrt Prosecution. <br />