B121-MSA_Kittitas Public Health and Safety Facility

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AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 11:29:51 PDT on 10/27/2025 under Subscription No.20250099130 which expires on 02/06/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68ffb9f9ff76f077366f09c2) 8 .9 All taxes levied on professional services and on reimbursable expenses;and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus zero percent (0 %)of the expenses incurred. § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed,payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect’s invoice.Amounts unpaid sixty (60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 4 %monthly. § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.In any event,the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement. § 9.5.1.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located,excluding that jurisdiction’s choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 7.3. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier,or by electronic transmission. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to each Service Agreement.Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other,except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with the Service Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of the Service Agreement. § 10.5 Unless otherwise required in a Service Agreement,the Architect shall have no responsibility for the discovery,presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials.The Architect shall be given reasonable access to the completed Projects to make such representations.However,the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has