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AMENDMENT NO. 1 TO AGREEMENT FOR ARCHITECTURAL
DESIGN AND CONSULTING SERVICES BY AND BETWEEN
THE CITY OF ARCADIA AND WMM ASSOCIATES
This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the state of California, and
WMM Associates with respect to that certain Professional Services Agreement
between the parties dated April 18, 2000 ( "Agreement ").
The parties agree as follows:
1. Section 16 shall be added to said Agreement and will state:
"In accepting and utilizing any drawings or other data on any form of electronic
media generated and provided by the Architect, the City covenants and agrees that
all such drawings and data are project documents and the Architect shall be
deemed the author of the drawings and data, and shall retain all common law,
statutory law and other rights, including copyrights. The City and the Architect
agree that any CADD files prepared by either party shall conform to the
specifications dated November 19, 2001. The electronic files submitted by the
Architect to the City are submitted for an acceptance period of 510 days, beginning
March 1, 2002. Any defects the City discovers during this period will be reported
to the Architect and will be corrected as part of the Architect's Basic Scope of
Services. Correction of defects detected and reported after the acceptance period
will be compensated for as Additional Services.
"The City further agrees not to use these drawings and data, in whole or in part,
for any purpose or project other than the project which is the subject of this
Agreement. The City agrees to waive all claims against the Architect resulting in
any way from any unauthorized changes or reuse of the drawings and data for any
other project by anyone other than the Architect.
"In addition, the City agrees, to the fullest extent permitted by law, to indemnify
and hold the Architect harmless from any damage, liability or cost, including
reasonable attorneys' fees and costs of defense, arising from any changes made by
anyone other than the Architect or from any reuse of the drawings and data without
the prior written consent of the Design Professional.
"Under no circumstances shall transfer of the drawings and other instruments of
service on electronic media for use by the City be deemed a sale by the Architect,
and the Architect makes no warranties, either express or implied, of
A001%-
merchantability and fitness for any particular purpose, except as otherwise set forth
in the Agreement."
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment on the date set
forth below.
CITY OF ARCADIA
By %1 4160
City Manager
ATTEST:
C
!City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT
WMM ASSOCIATES
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I imeamig
CONCUR:
Don Penman