R2018-21 Authorizing Professional Services Agreement with Dewberry ARchitects for New Fire Station No. 5

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Employee or Category Rate (Table Deleted) §11.8 COMPENSATION FOR REIMBURSABLE EXPENSES §11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: ,1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services,dedicated data and communication services,teleconferences,Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Renderings,models,mock-ups,professional photography,and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures. §11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the I Architect's consultants plus fifteen percent 1 15% )of the expenses incurred. ('Paragraph Deleted) The allowance for Reimbursable Expenses shall be twenty seven thousand dollars($27,000.00). If the reimbursable expenses allowance is exceeded,the Architect shall notify the Owner and set a revised allowance as mutually agreed upon. §11.10 PAYMENTS TO THE ARCHITECT §11.10.1 An initial payment of zero ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. §11.10.2 t,;nless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid forty-five (45 ) days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) The interest rate of one and one half percent(1.5%)simple interest per month shall be applied to all past due invoices. If Architect employs counsel or an agency to enforce this Agreement,Owner agrees to pay the attorneys' fees,costs,expenses and losses incurred by Architect prior to and through any trial,hearing,and/or subsequent proceeding,relating to such enforcement. §11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. tltlt A111 Document 81011"—2007(formerly 816111-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American ktairtute of Architects.All rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and Intemational Treaties Unauthorized reproduction or distribution of 18 this AIA I Document.or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible t under the law.This document was produced by AIA software at 17:03:54 on 0113112010 under Order No.4966021632 which expires on 0411112018,and is not for resale. User Notes: (389ADA 17)