HomeMy WebLinkAboutC-1929AMENDMENT NO. 1 PROVIDING DESIGN REVIW
SERVICES FOR THE CITY OF ARCADIA
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This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and
between the City of Arcadia, a municipal corporation in the State of California, and
La Canada Design Group with respect to that certain Professional Services
Agreement between the parties dated February 4, 2003 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
extended to and including February 1, 2009.
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 AT"A'A
City Manager
Dated: t& , 2006
APPROVED AS TO FORM:
City Attorney
CONSULTANT
"La Canada Design Group"
ON F �0
ffiWWO NA w..
CONCUR:
Department Head
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
Parties and Date.
This Agreement is made and entered into this q "h day of r-t brUA( , 2003
by and between the City of Arcadia, a municipal organization organized u der the
laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, CA 91007 ( "City ") and La Canada Design Group, (a
California Corporation) with its principal place of business at 200 E. Del Mar Boulevard,
Suite 108, Pasadena, Ca 91105 ( "Consultant "). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing design
review services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such design review services as part
of the City's design review team and as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ( "Services "). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
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3.1.2 Term. The term of this Agreement shall be from February 1, 2003
to February 1, 2006 unless earlier terminated as provided herein. Consultant shall meet
all established schedules and deadlines per the City's Architectural Design Review
Guidelines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall
also not be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement
and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
thaftertain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. The key
personnel for performance of this Agreement are Lance Bird and Michael Shea.
3.2.5 City's Representative. The City hereby designates Don Penman,
Assistant City Manager/ Development Services Director, or his designee, to act as his
representative for the performance of this Agreement ( "City's Representative "). City's
Representative shall have the power to act on behalf of the City for all purposes under
this Contract. Consultant shall not accept direction or orders from any person other
than the City's Representative or his or her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Lance
Bird, or his or her designee, to act as its representative for the performance of this
Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff and
consultants at all reasonable times.
3.2.8 Standard of Care. Consultant shall perform all Services under this
Agreement in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees shall
have sufficient skill and experience to perform the Services assigned to them. Finally,
Consultant represents that it and its employees have all licenses, permits, qualifications
and approvals of whatever nature that are legally required to perform the Services, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. Any employee who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed by the
Consultant and shall not be re- employed to perform any of the Services performed by
the Consultant for the City.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of
any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section.
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3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives or employees. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (A) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (B)
Automobile Liability: Insurance Services Office Business Auto Coverage form number
CA 0001, code 1 (any auto); and (C) Workers' Compensation and Employers' Liability:
Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (A) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with general aggregate limit is used, either the general aggregate limit
shall apply separately to this Agreement/ location or the general aggregate limit shall be
twice the required occurrence limit; (B) Automobile Liability: $1,000,000 per accident for
bodily injury and property damage; and (C) Workers' Compensation and Employer's
Liability: Workers' compensation limits as required by the Labor Code of the State of
California. Employers Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3. Professional Liability. [INTENTIONALLY OMITTED]
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (A) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (B) the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
self- insurance maintained by the City, its directors, officials, officers, employees, agents
and volunteers shall be excess of the Consultant's insurance and shall not be called
upon to contribute with it.
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(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (A) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (B) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self- insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City,
its directors, officials, officers, employees, agents and volunteers for losses paid under
the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall
not affect coverage provided to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (A) the insurer shall
reduce or eliminate such deductibles or self- insured retentions as respects the City, its
directors, officials, officers, employees, agents and volunteers; or (B) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do
business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by
this Agreement on forms satisfactory to the City. The certificates and endorsements for
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each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf, and shall be on forms provided by the City if requested. All
certificates and endorsements must be received and approved by the City before work
commences. The City reserves the rights to require complete, certified copies of all
required insurance policies, at any time.
3.2.11 Safety. [INTENTIONALLY OMITTED]
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit "A" attached hereto and incorporated herein by reference. Extra
Work may be authorized, as described below, and if authorized, will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly- itemized statement that indicates work completed and hours of Services
rendered by Consultant on each specific project. The statement shall describe the
amount of Services and supplies provided since the initial commencement date, or since
the start of the subsequent billing periods, as appropriate, through the date of the
statement. City shall, within 45 days of receiving such statement, review the statement
and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
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3.5 General Provisions.
3.51 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and
without cause by giving written notice to Consultant of such termination, and specifying
the effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those
services that have been adequately rendered to City, and Consultant shall be entitled to
no further compensation. Consultant may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall
be required to provide such document and other information within fifteen (15) days of
the request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
La Canada Design Group
200 E. Del Mar Boulevard, Suite 108
Pasadena, CA 91105
Attn: Lance Bird, President
CITY:
City of Arcadia
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
Attn: Donna Butler, Community Development
Administrator
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Such notice shall be deemed made when personally delivered or when mailed, forty -
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant represents and warrants that Consultant has the legal right to license
any and all Documents & Data. Consultant makes no such representation and warranty in
regard to Documents & Data that were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, by used
by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Consultant shall pay for the cost of defense,
indemnify and hold the City, its officials, officers, employees, volunteers and agents free
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and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, arising out of any negligent acts, omissions or willful misconduct of Consultant, its
officials, officers, employees, agents, consultants arising out of or in connection with the
negligent acts of error or omission in performance of the Services, the Project or this
Agreement, including without limitation the payment of all consequential damages and
attorneys fees and other related costs and reasonable expenses.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. [INTENTIONALLY OMITTED]
3.5.10 City's Right to Emplov Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecates,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
3.5.13. Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not workdays. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppels, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than a
bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the right
to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to,
all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
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Avl. Al"k
3.6 Subcontracting.
3.6.1. Prior Approval Required. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provisions making
them subject to all provisions stipulated in this Agreement.
CITY OF ARCADIA
WT�"
William R. Kelly, City Manager
Date: February , 2003
ATTEST:
Ju Alford
City Clerk
APPROVED AS TO FORM:
9�-J� G? btta-
Stel5hen P. Deitsch
City Attorney
Design Review Agreement/Agreements
LA CANADA DESIGN GROUP
By:
Lance Bird, Chairman
CONCUR:
Department Head Date
LCDG
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EXHIBIT „A„
SCOPE OF SERVICES
To assist the City of Arcadia in the design review process for multiple - family,
commercial and industrial projects proposed within the community.
The firm will be utilized on an "as needed" basis to assist staff in the review of new
projects and major exterior remodels. The firm would be expected to critique and
comment on the architectural and sign design of a project and review revisions based
upon the recommendations of the initial design.
,..
EXHIBIT "B"
SCHEDULE OF SERVICES
....
The firm will be utilized on an "as needed" basis and plans shall be reviewed within the
time frame set forth in the City's Architectural Design Review Guidelines.
RVPUMNGS�540868
HOURLY RATE SCHEDULE:
Technical Services
Designer /Draftsperson
Proj. Mgr /Architect
Principals
EXHIBIT „C„
COMPENSATION
$65 -85
$75 -95
$105 -125
$185
The above wage rates are effective through December 31, 2004. The rates may be
adjusted after that date to compensate for labor adjustments and other increases
in labor costs.
REIMBURSABLE EXPENSES:
Include travel from LCDG offices ($.34 per mile), telephone (outside the 213, 310, 562,
626, 714, 805 and 818 area codes), special renderings or models, photo processing,
reproduction, CAD plotting, postage and courier services, permits and agency fees
paid at the request of the Client, and any required consultants (with client prior
approval). Expenses are billed at cost times 15% for administration.
REPRODUCTION:
The architect's basic services will include the cost of reproduction required for the
architect's internal processing and consultant coordination.
All reproduction and deliveries for governing agency submittals and applications,
and other reproduction and related deliveries requested by the Owner, including
check sets, bid documents, etc., shall be over and above the architect's basic services.
For such reproduction, the architect will be compensated at cost plus 15% for handling.
BILLINGS /PAYMENTS:
Invoices for LCDG's services will be submitted, at LCDG's option, either upon
completion of such services or on a monthly basis. Invoices are payable within 30 days
of the invoice date. If the invoice is not paid within 30 days, LCDG may, without waiving
any claim or right against the Client, and without liability whatsoever to the Client
terminate the performance of the service. Retainers will be credited to the final invoice.
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