Common use of COMPENSATION TO THE ARCHITECT Clause in Contracts

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 3 contracts

Sources: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 1015% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance No more than 3% or balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 2 contracts

Sources: Architectural Services Agreement, Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT in an amount not to exceed Three Hundred Eighty Thousand DOLLARS ($380,000) including Twenty Thousand ($20,000) design allowance for this agreement as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, Section 31 have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “B” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required for each phase of the project by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Agency Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Bid and Award Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to No more than 8% shall be paid after the all the Project Close-Out Phase requirements set forth in Article II II, Section 32 have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recordedrecorded (if applicable). 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X.XI. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “B”, are in addition to compensation for basic and extra services, and shall be paid to ARCHITECT at one and five- hundredths (1.05) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows:in an amount not to exceed ONE HUNDRED FORTY FIVE THOUSAND DOLLARS ($145,000) including 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be in accordance with the proposed fees as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under illustrated in Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded.A. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. ARCHITECT’s total compensation during the Term of this Agreement or any extension term shall not exceed the fixed fee amount of SEVEN HUNDRED EIGHTY-NINE THOUSAND SIX HUNDRED FIFTY & NO/100 DOLLARS (789,650.00), as presented in the attached Exhibit “A”, unless such added expenditure is first approved by the DISTRICT acting in consultation with the Superintendent and the Chief Business Official. 2. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “AB” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 56. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 67. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT in an amount not to exceed Two Million, Two Hundred Seventy Nine Thousand, and Six Hundred Fifty Three DOLLARS ($2,279,653) for this agreement as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT includingincluding , but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, Section 30 have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 2528% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation DISTRICT agrees to pay the ARCHITECT in accordance with the Fee Schedule set forth in ATTACHMENT “A” unless otherwise set forth in a written SCOPE AMENDMENT to this AGREEMENT. 3. Payment to the ARCHITECT for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out PhaseOut: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 316. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 417. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 518. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 619. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Master Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “B” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 1517% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 3543% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Agency Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Bid and Award Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, “Project Close-Out” have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recordedrecorded (if applicable). 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X.XI. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “B”, are in addition to compensation for basic and extra services, and shall be paid to ARCHITECT at one and five- hundredths (1.05) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “B” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 1521% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 3538% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Agency Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Bid and Award Phase: No more than 25% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, “Project Close-Out” have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recordedrecorded (if applicable). 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X.XI. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “B”, are in addition to compensation for basic and extra services, and shall be paid to ARCHITECT at one and five- hundredths (1.05) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT NAVIGATOR shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICTNAVIGATOR’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded.Proposal attached hereto as Exhibit A. 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT NAVIGATOR to determine the services provided, and the time spent for each task. The DISTRICT NAVIGATOR and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT NAVIGATOR detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICTNAVIGATOR’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT NAVIGATOR and include a copy of the DISTRICTNAVIGATOR’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICTNAVIGATOR. No payments will be made by the DISTRICT NAVIGATOR to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICTNAVIGATOR. The DISTRICTNAVIGATOR’s prior written authorization is an express condition precedent to any payment by the DISTRICT NAVIGATOR for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICTNAVIGATOR. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICTNAVIGATOR. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation DISTRICT agrees to pay the ARCHITECT in accordance with the Fee Schedule set forth in ATTACHMENT “A” unless otherwise set forth in a written SCOPE AMENDMENT to this AGREEMENT. 3. Payment to the ARCHITECT for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 1015% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 1520% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 3530% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 25% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out PhaseOut: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 316. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 417. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 518. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 619. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.

Appears in 1 contract

Sources: Master Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The DISTRICT shall compensate the ARCHITECT as follows: 1. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 2. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be distributed by Phase of the work as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded.: 3. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 4. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 54. When The DISTRICT intends to enter into a negotiated Fixed Fee price for ARCHITECT’s compensation on projects which may be based on a percentage of Estimated Construction Cost and Project Budget. Should the ARCHITECT’s Fee is be based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid priceprice or Guaranteed Maximum Price (GMP) submitted by Contractor. 65. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays.,

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “A” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and IIAGREEMENT, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 35% of the estimated Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit EXHIBIT “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, “Project Close-Out” have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recorded. 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra additional services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “A”, are in addition to compensation for basic and additional services, and shall be paid to ARCHITECT at one and one- tenth (1.1) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “B” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 35% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Agency Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Bid and Award Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “A” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “A” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, Section 32 have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recordedrecorded (if applicable). 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X.XI. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “B”, are in addition to compensation for basic and extra services, and shall be paid to ARCHITECT at one and five- hundredths (1.05) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement

COMPENSATION TO THE ARCHITECT. The 1. DISTRICT shall compensate agrees to pay ARCHITECT in accordance with the ARCHITECT as follows:rate and price schedule information set forth in EXHIBIT “B” for the services performed pursuant to this AGREEMENT. 12. The ARCHITECT’s fees for performing Additional Services related to change orders are paid as approved by the DISTRICT’s Board. If a change order is approved without ARCHITECT fee, no fee will be paid to the ARCHITECT unless negotiated and approved prior to commencing the change order-related services. 23. The ARCHITECT’s compensation for performing all the Basic Services required by this AGREEMENT including, but not limited to, those services detailed in Article I and II, shall be as follows: Schematic Design Phase: No more than 10% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Design Development Phase: No more than 15% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Docs Phase Phase: No more than 35% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion DSA Agency Approval Phase: No more than 5% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid upon DSA approval of the PROJECT including incorporation and approval of any back-check comments Bidding Bid and Award Phase: No more than 2% of the estimated Architect Fee, as determined under Exhibit “AB” to this AGREEMENT, to be paid monthly based on actual level of completion Construction Admin. Phase: No more than 25% of the actual Architect Fee, as determined under Exhibit “AB” to this AGREEMENT and the accepted bid, to be paid monthly based on actual level of completion Project Close-Out Phase: Balance of actual Architect Fee to be paid after the all the Project Close-Out Phase requirements set forth in Article II II, “Project Close-Out” have been completed and the PROJECT is certified by DSA and the Notice of Completion has been recordedrecorded (if applicable). 34. The ARCHITECT and its consultants shall maintain time sheets detailing information including, but not limited to, the name of the employee, date, a description of the task performed in sufficient detail to allow the DISTRICT to determine the services provided, and the time spent for each task. The DISTRICT and ARCHITECT may otherwise mutually agree, in writing, on alternative types of information and levels of detail that may be provided by the ARCHITECT and its consultants pursuant to this Article X.XI. 45. The ARCHITECT shall invoice all fees and/or costs monthly for the Basic Services that are provided in accordance with this AGREEMENT from the time the ARCHITECT begins work on the PROJECT. The ARCHITECT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress to completion percentage, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. The DISTRICT reserves the right to return unsubstantiated Invoices to the ARCHITECT for clarification without payment. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the ARCHITECT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the ARCHITECT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT. 5. When ARCHITECT’s Fee is based on a percentage of Construction Cost and any portions of the PROJECT are deleted or otherwise not constructed, compensation for those portions of the PROJECT shall be payable, to the extent actual services are performed, in accordance with the schedule set forth in Article X, Section 2, above, based on the lowest responsive bid price. 6. To the extent that the time initially established for the completion of ARCHITECT’s services is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during the additional period of time shall be negotiated and subject to the prior written approval of the DISTRICT. Assessment and collection of liquidated damages from the Contractor is a condition precedent to payment for extra services arising from Contractor-caused delays. 7. Reimbursable expenses, if included in EXHIBIT “B”, are in addition to compensation for basic and extra services, and shall be paid to ARCHITECT at one and five- hundredths (1.05) times the expenses incurred by ARCHITECT, ARCHITECT's employees and consultants. Reimbursable expenses shall not be exceeded without the prior written approval of DISTRICT. Provided that ARCHITECT obtains DISTRICT’s prior written approval, costs and expenses will be reimbursed to ARCHITECT in accordance with EXHIBIT “B” and this Article

Appears in 1 contract

Sources: Architectural Services Agreement