R92-76 AUTHORIZING AGREEMENT - BLANK, WESSELINK, COOK & ASSOCIATES, INC.

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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 5 ART._ �_ CLE 2 . THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Payments on account of the Architect's services, and � requirements for the Project. for Reimbursable Expenses as defined in Article 4,shall be made monthly upon presentation of the Architect's state- 2,2 The Owner shall designate, when necessary, a rep- ment of services rendered or as otherwise provided in this resentative authorized to act in the Owner's behalf with �Agreement. respect to the Project. The Owner or such authorized 5.2 An initial payment as set forth in Paragraph 10.1 is representative shall examine the documents submitted by the minimum payment under this Agreement. the Architect and shall render decisions pertaining thereto 5.3 If the Project is suspended or abandoned in whole promptly, to avoid unreasonable delay in the progress of or in part for more than three months, the Architect shall the ArchitecYs services. be compensated for all services performed prior to re- 2.3 The Owner shall furnish required information as ex- ceipt of written notice from the Owner of such suspen- peditiousfy as necessary for the orderly progress of the sion or abandonment, together with Reimbursable Ex- Work, and the Architect shall be entitled to rely upon the Penses then due and all Termination Expenses as defined accuracy and completeness thereof. in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's ARTICLE 3 compensation shall be equitably adjusted. DIRECT SALARY AND ARTICLE 6 DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as the direct salaries ARCHITECT'S ACCOUNTING RECORDS of all the ArchitecYs personnel engaged on the Project, 6,� Records of Reimbursable Expenses and expenses but does not include the cost of contributions and bene- pertaining to services performed on the basis of a Multiple fits related thereto, whether mandatory or customary, as of Direct Salary or Direct Personnel Expense shall be kept described in Paragraph 3.2, and included in Direct Per- on the basis of generally accepted accounting principles sonnel Expense. and shall be available to the Owner or the Owner's 3.2 Direct Personnel Expense is defined as the direct authorized representative at mutually convenient times. salaries of all the ArchitecYs personnel engaged on the ARTICLE 7 Project, and the portion of the cost of their mandatory ARBITRATION and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,�vacations, pen- 7.1 All claims, disputes and other matters in question sions, and similar contributions and benefits. between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be ARTICLE 4 decided by arbitration in accordance with the Construc- REIMBURSABLE EXPENSES tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- 4.1 Reimbursable Expenses are in addition to the Archi- Iatlnagtoeth shA reement shallranclude,sby onsolidation, tect's compensation and include actual expenditures g g � made by the Architect and the Architect's employees and joinder or in any other manner, any additional person not � consultants in the interest of the Project for the expenses a parry to this Agreement except by written consent con- listed in the following Subparagraphs: taining a specific reference to fhis Agreement and signed ; by the Architect, the Owner and any other person sought � .1 expense of transportation and living expenses in to be joined. Any consent to arbitration involving an connection with out-of-town travel authorized by additional person or persons shall not constitute consent � the Owner, to arbitration of any dispute not described therein or with � any person not named or described therein. This agree- � ,2 long distance communications, � ment to arbitrate and any agreement to arbitrate with an .3 fees paid for securing approvals of authorities hav- additional person or persons duly consented to by the � ing jurisdiction over the Project, parties to this Agreement shall be specifically enforceable .4 reproductions, under the prevailing arbitration law. 7.2 Notice of the demand for arbitration shall be filed in � .5 postage and handling of documents, writing with the other party to this Agreement and with . .6 renderings and models requested by the Owner, the American Arbitration Association. The demand shall ; be made within a reasonable time after the claim, dispute 'I ' J data processing and photographic production or other matter in question has arisen. In no event shall 'I techniques when used in connection with Addi- the demand for arbitration be made after the date when �I tional Services, institution of legal or equitable proceedings based on .8 expense of overtime work requiring higher than such claim, dispute or other matter in question would be �I regular rates, if authorized by the Owner. barred by the applicable statute of limitations. AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA� • p1979 B727_1979 3 THE KMERIUN INSTITUTE OF ARCHITECTS,'1735 NEW YORK AVE., N.W.,�NASHINGTON, D.C.20006