HomeMy WebLinkAboutC25330 Consultant to Revise the Historic Preservation Ordinance 401REQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
Approve and appropriate funds for the Contract to revise the
Historic Preservation Ordinance 401
Amir "Ali" Hamidzadeh P.E., Director of Building and Safety
LSA Associates, Inc.
1650 Spruce Street, 5th Floor
Riverside, CA 92507-2425
May 25, 2006
Professional Services Agreement Contract No.c25330
LSA Associates, Inc. Proposal attached hereto
By Minute Motion, Staff recommends that the City Council approve
and appropriate funds for the Professional Services Agreement
(Contract No.c2533pto LSA Associates, Inc. to review and recommend
modifications to the current Historic Preservation Ordinance 401. The
Agreement for Contract Professional Services will begin on June 5,
2006 and continue until obtaining the final City Council approval. The
agreement amount shall not exceed the total sum of $35,420.00
dedicated to the Professional Services Account No. 110-4420-422.30-
90.
Background:
In 1984, City of Palm Desert Ordinance No. 401 was originally created and adopted as
Chapter 29 of the Palm Desert Municipal Code. On September 23, 2004, the Historic
Preservation Committee (Committee) was formed. This Committee has worked
together to enforce the contents of the existing ordinance. However, there are many
areas of the current ordinance that need to be revisited due to vague language and
inconsistencies. On January 19, 2006 in a Study Session held with the Historic
Preservation Committee and members of the City Council, it was decided that a
consultant be hired and together with the Staff and the Committee review and make the
appropriate modification to the existing ordinance as deemed necessary.
C:\Documents and Settings\krusso\Local Settings\Temporary Internet Files\OLK2\Consult.HistoricOrd.Review.06.doc
Staff Report
Historic Preservation Ordinance Contract
Page 2
May 25, 2006
Discussion:
On June 21, 2004, Mayor Robert Spiegel suggested that an initial committee, chaired
by Historical Society of Palm Desert President, Hal Rover, be formed to explore the
scope and parameters of the Committee's activities and responsibilities based on the
language contained in Palm Desert City Ordinance No. 401.
On September 23, 2004, the Historic Preservation Committee was officially formed with
seven members. Since that time, this Committee has been working diligently under the
existing ordinance. However, as the Committee became more organized and involved
with the number of structures that had a "potential" significant historic value, the need to
have a well -written ordinance to enforce became apparent.
On January 19, 2006 in a Study Session held with the Historic Preservation Committee
members and the members of the City Council, it was decided that a consultant needs
to be hired to work together with City staff and the committee review and make the
appropriate modification to the existing ordinance as deemed necessary.
The language of the existing ordinance could be viewed as vague. This could create
substantial hardship on property owners, which could result in legal and enforcement
issues of the ordinance. On several occasions the City Attorney was consulted for
clarification of the ordinance and its language.
Staff has reviewed the City's qualified consultant list as to who is most familiar with the
Historic Preservation Ordinances and would best qualify to perform this work. LSA
Associates, Inc. has been selected as the most qualified consultant for this type of work.
They have multiple staff that are familiar with the State and Local laws and regulations
as it relates to historic preservation and enforceability, and as such has prepared similar
ordinances for other local jurisdictions.
Submitted By:
Amir "Ali" Hamidz feh
Director of Building & Safety
Paul Gibson, Director of Finance
Approval:
Ortega, City Mana
fty\Amir HamidzadehtStaff Reports\Consuit.HistoricOrd.
ABSTAINS
VERIFIED BY:
Original on File i th City Cleric's Offi
CTION:
DENIED
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Reviewed' and co
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Homer Croy, AsAiptant City Manager
for Developme ervices
Approva
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Dad. ? in, City Attorney
"ITY COUNCIL.
APPROVED
RECEIVED
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Contract No. C25330
AGREEMENT
THIS AGREEMENT for contract services is made and entered into in the City of
Palm Desert on this day of , 2006, by and between the CITY OF PALM
DESERT, a municipal corporation, hereinafter referred to as "CITY" and LSA Associates,
Inc., hereinafter referred to as CONTRACTOR. (The term contractor includes
professionals performing in a consulting capacity).
WITNESSETH:
WHEREAS, on March 27, 2006, CITY requested proposals from qualified
consultants to provide professional consulting services to complete revisions to City of
Palm Desert, Title 29, Historic Preservation Ordinance No. 401 and develop a Mills Act
Program for adoption.
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be from June 5, 2006 and continues
through completion of Ordinance revision. The Mills Act program will be
commenced upon notice from the City to proceed with this part of the
contract.
(2) CITY'S OBLIGATION. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive in full
compensation, not to exceed the total sum of Thirty -Five Thousand Four
Hundred Twenty Dollars ($35,420.00) upon completion of work.
(3) CONTRACTOR'S OBLIGATIONS. For, and in consideration of the
payments and agreements hereinbefore mentioned to be made and
performed by CITY, CONTRACTOR agrees with CITY to furnish the services
and to do everything required by this Agreement and as set forth in the said
Scope of Work attached hereto, Exhibit A.
(4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless CITY, its officials, officers, employees,
representatives, and agents, from and against all claims, lawsuits, liabilities
Contract No. C25330
or damages of whatsoever nature arising out of or in connection with, or
relating in any manner to, any act or mission of CONTRACTOR, his agents,
employees, and subcontractors and employees thereof in connection with
the performance and non-performance of this Agreement.
The CONTRACTOR shall thoroughly investigate any and all claims and
indemnify the CITY and do whatever is necessary to protect the CITY, its
officials, officers, employees, agents, and representatives as to any such
claims, lawsuits, liabilities or damages.
(5) INSURANCE.
A. Liabilitv Insurance. The CONTRACTOR
shall procure and maintain for the duration of the contract commercial
general liability insurance against claims for injuries to persons or damages
to property, which may arise from or in connection with the performance of
the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be borne by
the Contractor. The Contractor shall maintain general commercial liability or
not less than One Million Dollars ($1,000,000.00) per occurrence for bodily
injury, personal injury and property damage, employees liability insurance
and automobile insurance. Any deductibles or self -insured retention must be
declared to the City and approved by the Risk Manager. The general
commercial liability and automobile liability are to contain, or be endorsed to
contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are
to be covered as additionally insured as respects: liability arising out
of activities performed by or on behalf of the Contractor, products and
completed operations of the Contractor; premises owned, occurred or
used by the Contractor; or automobile liability insurance on owned,
leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to
the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to the Contractor's insurance coverage the
Contractor's coverage shall be primary insurance as respect to the
City, its officers, employees, agents and volunteers. Any insurance or
self-insurance maintained by the City, its officers, employees, agents
and volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Any failure to comply with the reporting or other provisions of the
policies including breach of warranties shall not affect coverage
provided the City, its officers, officials, employees, agents or
volunteers.
'r:
Contract No. C25330
4. Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
5. Each insurance policy required shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
Insurance shall be placed with current A.M. Best's rating of not less than A: VII.
B. Automobile Insurance. During the term of the contract, and any
extension thereof the Contractor shall procure and maintain automobile liability
insurance of One Million Dollars ($1,000,000.00) per accident for bodily injury and
property damage.
C. Worker's Compensation Insurance. The Contractor shall procure
and maintain Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. The Employer's liability policy shall be
One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Verification of Coveraqe. The Contractor shall fumish the City with
original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by the insurer to bind
coverage on its behalf. The endorsements are to be provided on standard ISO
forms. All endorsements are to be received and approved by the Risk Manager.
E. Independent Contractor. CONTRACTOR shall perform all services
required herein as an independent contractor of CITY and shall remain at all times
as to CITY a wholly independent contractor.
(6) AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective only upon
approval by the City Council of the CITY.
(7) TERMINATION. CITY reserves the right to terminate this Agreement at any
time, with or without cause, upon written thirty (30) day notice to
CONTRACTOR. Upon receipt of any notice of termination from CITY,
CONTRACTOR shall immediately cease all services hereunder except such
as may be specifically approved in writing by CITY. CONTRACTOR shall be
entitled to compensation for all services rendered prior to receipt of CITY'S
notice of termination and for any services authorized in writing by CITY
thereafter. If termination is due to the failure of CONTRACTOR to fulfill its
obligations under this Agreement, CITY may take over the work and
3
Contract No. C25330
prosecute the same to completion by contract or otherwise, and
CONTRACTOR shall be liable to the extent that the total cost for completion
of the services required hereunder, including costs incurred by CITY in
retaining a replacement contractor and similar expenses, exceeds the
Budget.
(8) INCORPORATED BY REFERENCE. The Proposal for Professional
Consulting Services to Complete Revisions to Title 29 and Develop a Mills
Act Program, Scope of Work, and Schedule of Standard Contract Provisions
and Billing Rates are hereby incorporated in and attached as part of this
Agreement, Exhibit A.
(9) COMPLETE AGREEMENT. This written Agreement, including, all writings
specifically incorporated hereby -in reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein
shall be of any force or effect, nor shall any such oral agreement,
understanding, or representation be binding upon the parties hereto.
(10) RECORDS AND REPORTS. Upon request by CITY, CONTRACTOR shall
prepare and submit to CITY records and reports concerning
CONTRACTOR'S performance of the services rendered under this
Agreement. CITY shall have access, upon reasonable notice, to the books
and records of CONTRACTOR related to CONTRACTOR'S performance of
this Agreement in the event any audit is required.
(11) NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail addressed as
follows:
OFFICE OF THE CITY CLERK
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
CONTRACTOR
LSA Associates, Inc.
1650 Spruce Street, 5th Floor
Riverside, California 92507
(12) LITIGATION COSTS. In the event an action is filed by either party to enforce
any rights or obligations under this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and court costs, in addition to
any other relief granted by the court.
(13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR
do covenant to each individual executing this Agreement on behalf of each
party is a person duly authorized.
M
Contract No. c25330
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first herein above written.
CITY OF PALM DESERT
A Municipal Corporation
JIM FERGUSON, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CONTRACTOR
Lynn Calvert -Hayes, AICP, Principal
LSA Associates, Inc.
(Signature must be notarized)
5
L A I LSA ASSOCIATES,
J" Itl 16$0 SPRUCE STREET,
$7H FLOOR
RIVERSIDE, CALIFORNIA 92507
March 31, 2006
Mr. Amir Hamidzadeh
Director of Building and Safety
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
BERKELEY PORT COLLINS
951.781.9310 TEL CARLSBAD IRVINE
951.781.4277 FAX COLMA PALM SPRINGS
POINT RICHMOND
ROCKLIN
SAN LUIS OBISPO
Subject: Proposal for Professional Consulting Services to Complete Revisions to Title 29 and
Develop a Mills Act Program for the City of Palm Desert, Riverside County, California
(LSA Proposal No. ZZZ1619D1)
Dear Mr. Hamidzadeh:
LSA Associates, Inc. (LSA) is pleased to present this proposal to the City of Palm Desert (City), for the
above -noted professional consulting services. As you requested, the proposal separates the tasks and costs
to complete each project. I will serve as the project manager and will be assisted by LSA staff, meeting the
Secretary of the Interior's Professional Qualification Standards for historic preservation. While employed
as the Historic Preservation Officer for the City of Riverside, I developed and implemented their Mills Act
program. LSA is currently completing extensive revisions to Riverside's Cultural Resources Ordinance.
I. REVISIONS TO TITLE 29
LSA understands that the Historic Preservation Committee Ordinance Subcommittee has recommended
revisions to Title 29, the City's Historic Preservation Ordinance. In accordance with those
recommendations, LSA proposes the following Scope of Work to revise Title 29.
SCOPE OF WORK
Task 1: Coordination with Historic Preservation Committee (Ordinance Subcommittee) and
Director of Building and Safety
LSA will consult with the Historic Preservation Committee and the Director of Building and Safety
throughout the process and meet on -site at the City up to four times as needed. A project kick-off meeting
will be held to review the Committee's initial recommendations for revisions to Title 29; additional
meetings will address the draft ordinance. The cost estimate for this task assumes two LSA staff members
will attend meetings lasting up to two hours. Transportation time is also included in the cost estimate.
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PLANNING I ENVIRONMENTAL I DESIGN EXHIBIT A
LSA ASSOCIATES, INC:.
Task 2: Complete Research
LSA will complete research, as needed, to prepare the ordinance revisions. Research will focus on
ways in which other cities have effectively dealt with the issues and revisions under consideration.
Task 3: Prepare Draft Revised Title 29
LSA will prepare the Draft Revised Title 29 based on recommendations for revisions identified during
meetings listed under Task 1 and research completed under Task 2. LSA will focus on preparing the
following sections to address areas of key concern identified by the Committee. Revisions will follow the
professional standards set forth in Drafting Effective Historic Preservation Ordinances: A Manual far
California's Local Governments (California Office of Historic Preservation Technical Bulletin #14):
• Statement of Purpose
0 An introductory section that explains the purpose of the ordinance and its implications to the City.
• Definition of Key Terms
0 Contains concise definitions of words and phrases used throughout the ordinance. Definitions
will be based on standard definitions endorsed by the California Office of Historic Preservation
and the Secretary of the Interior's Professional Standards.
• Historic Preservation Committee
0 Outlines the qualifications, powers, and duties of the Historic Preservation Committee.
• Designation Procedures
0 Revises existing City designation criteria to parallel criteria for listing in the National Register of
Historic Places and the California Register of Historical Resources.
0 Outlines the designation, appeal, and repeal processes.
• Project Review Process (Certificate of Appropriateness)
0 Discusses the process for review of projects affecting historic resources including administrative
and board -level review. Addresses some details of the review process, including enabling
authority, notification, time limits, appeals, and action by the City Council, Standards for
development and design review will adhere to the principles outlined in the Secretary of the
Interior's Standards for Treatment of Historic Properties.
• Preservation Incentives
0 Allows for the development of a City historic preservation incentives program.
0 Enforcement and Penalties.
0 Addresses enforcement and penalties for illegal demolition or unauthorized alterations to
designated resources.
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LSA ASSOCIATES, INC.
Though not typically addressed in a historic preservation ordinance, LSA will also provide direction
and recommendations for related issues including:
• Plaques, markers, and announcements/press releases;
• City forms and internal processing of applications; and
• Record Keeping - types of records kept and location.
Task 4: Attend Historic Preservation Committee and City Council Public Meetings/Hearings
The LSA project manager will attend two public meetings/hearings to present the Draft Revised Title 29.
Task 5: Prepare Final Revised Title 29
LSA will prepare the Final Revised Title 29 based on comments received at the meetings and public
hearings. The cost estimate for this task assumes minimal revisions to the draft. Extensive revisions to the
draft may require a budget adjustment.
COST ESTIMATE
The following represents a cost estimate for each task associated with the preparation of the revisions to
Title 29. The total estimated costs based on the attached billing rates will not be exceeded without your
authorization.
TASKS COSTS
Task 1: Coordination with Historic Preservation Committee (Ordinance $ 4,600
Subcommittee) and Director of Building and Safety
Task 2: Complete Research 2,435
Task 3: Prepare Draft Revised Title 29 10,525
Task 4: Attend Historic Preservation Committee and City Council 2,275
Public Meetings/Hearings
Task 5: Prepare Final Revised Title 29 2,775
TOTAL $ 22,610
II. MILLS ACT PROGRAM
SCOPE OF WORK
The Mills Act is state legislation, enacted in 1972, to provide property tax relief to owners of historic
properties for the purpose of assisting in the expense of restoration and maintenance. To qualify, a historic
property must be listed on a National, State, county, or city register. Although it is applicable to historic
properties that are income producing, it is the single most important economic incentive program available
in California for owner occupied historic residential buildings, particularly single-family homes. A Mills
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LSA ASSOCIATES. INC.
Act program is developed in accordance with California Government Code, Article 12, Sections 50280
through 50290 and California Revenue and Taxation Code, Article 1.9, Sections 439-439.4.
Task 1: Meet with Historic Preservation Committee and Director of Building and Safety
LSA will meet with members of the Historic Preservation Committee and the Director of Building and
Safety to review the Mills Act Program requirements and make recommendations for program
implementation. LSA will consult with the Historic Preservation Committee and the Director of Building
and Safety throughout the process and meet on -site at the City up to three times, as needed. To save on
travel expenses, these meetings will be scheduled in combination with Title 29 meetings.
Task 2: Complete Research
LSA will complete research as needed to prepare the Mills Act Program. Research will focus on ways
in which other cities have effectively implemented the program. LSA will obtain samples of Mills Act
contracts, ordinances, resolutions, and application forms.
Task 3: Prepare Draft Mills Act Application Packet
LSA will prepare the Mills Act application packets, which will include all forms necessary to implement
the program. The packet will include:
• Introduction
• Mills Act Fact Sheet
• Application Checklist
• Application Form
• Financial Analysis Form
• Ten -Year Rehabilitation Plan Form
• Potential Project List
• Property Owner Annual report form
• City Staff Annual Inspect Report form
• Description of Monitoring Program
• Sample Contract
• City Mills Act Resolution
• Copies of State Mills Act Legislations
• Secretary of the Interior's Standards for the Treatment of Historic Properties
The Mills Act contract and resolution/ordinance will be prepared by the City Attorney using sample
documents submitted by LSA.
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LSA ASSOCIATES, INC.
Task 4: Attend Historic Preservation Committee and City Council Public Meetings/Hearings
The LSA project manager will attend up to two public meetings/hearings to present the Draft Mills Act
Program and application packet. To save on travel expenses, these meetings will be scheduled in
combination with Title 29 meetings.
Task 5: Revise Mills Act Documents
LSA will revise the Mills Act application packet documents based on comments received at the meetings
and public hearings. The cost estimate for this task assumes minimal revisions; extensive revisions may
require a budget adjustment.
Task 6: Staff Training
LSA will meet with City staff to provide training in the implementation of the Mills Act Program.
COST ESTIMATE
The following represents a cost estimate for each task associated with development of a Mills Act
Program. The total estimated costs based on the attached billing rates will not be exceeded without your
authorization.
TASKS COSTS
Task 1: Meet with Historic Preservation Committee and Director of $ 1,650
Building and Safety
Task 2: Complete Research 1,250
Task 3: Prepare Draft Mills Act Application Packet 7,050
Task 4: Attend Historic Preservation Committee and City Council 970
Public Meetings/Hearings
Task 5: Revise Mills Act Documents 890
Task 6: Staff Training 1,000
TOTAL $ 12,810
III. SCHEDULE
The Draft Revised Title 29 and Draft Mills Act Program will be completed within four months from the
date of the signed proposal. Preparation of the final documents is contingent upon City staff scheduling of
meetings and public hearings before the Historic Preservation Committee and City Council. The final
revised ordinance and Mills Act program will be completed within three weeks from receipt of all
comments.
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LSA ASSOCIATES, INC.
IV. TOTAL COSTS
LSA estimates that the revisions to Title 29 can be completed for a cost not to exceed $22,610, and
development of the Mills Act program for a cost not to exceed $12,810. The combined cost of both
projects is $35,420. If this proposal is acceptable, please indicate by signing the signature block below and
returning it to LSA.
If you have any questions or comments, I can be reached at Janet.Hansen@lsa-assoc.com or (951)
781-9310. Thank you for contacting LSA on this request. I look forward to working with you on this
project.
Sincerely,
LSA ASSOCIATES, INC.
Janet Hansen, M.A.
Senior Cultural Resources Manager
Historian/Architectural Historian
Attachment: Schedule of Standard Provisions and Billing Rates
THE ABOVE -STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED
CONSULTANT:
LSA Associates, Inc.
Lynn uaivert-Hayes, ABUY
Print Name
Principal
Title
March 31, 2006
Date
CLIENT:
City of Palm Desert
Authorized Signature
Print Name
Title
Date
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LSA ASSOCIATES, INC.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed -Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of Services Section of the
attached proposal shall be provided for the fixed fee noted in the proposal. All other professional services
are considered extra services. Extra services shall be provided on a time and expenses basis at the same
rates specified for hourly contracts, unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services Section
of the attached proposal shall be provided on a time and materials basis at current hourly rates. These
rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject
to review at least annually on or about August 1 of each year, and may be adjusted to reflect changing
labor costs, at our discretion, at that time. (A schedule can be made available upon request.)
Direct costs (including cost of subconsultants) shall be reimbursed at cost plus ten percent, unless other
arrangements are made in advance, and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the
services to be provided. The specified amount will not be exceeded without prior approval of the client.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. Out of
pocket expenses shall be billed on a separate monthly invoice. Clients requesting changes to LSA's
standard invoice may be billed for the time to develop the invoice and monthly administration of the
billing.
PAYMENT OF ACCOUNTS
Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice
date. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all
accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting
any delinquent amount shall be paid by the client.
L: ADMINWASTDOCTontract Jan 06.doc
LSA ASSOCIATES. INC.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers,
employees, agents, and representatives from and against liability for all claims, losses, damages, and
expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, and expenses
are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known as
hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or
other types that are furnished by LSA to client are only for convenience of client. Any conclusion or
information obtained or derived from such electronic files will be at the user's sole risk. When
transferring documents in electronic media format, LSA makes no representations as to long-term
compatibility, usability, or readability of documents resulting from the use of software application
packages, operating systems, or computer hardware differing from those of LSA at the beginning of the
assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of
its obligation results from any cause beyond its reasonable control and without its negligence.
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof, the
prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not
such action is prosecuted to judgement.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed
given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and
addressed to the parties as set forth in the proposal or to such other address as either party shall have
previously designated by such notice. Any notice so delivered personally shall be deemed to be received
on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date
on which it was mailed.
USA DM INW ASTDOC\Contract Jan 06.doc
LSA ASSOCIATES, INC.
TERMINATION OF CONTRACT
Client may terminate this agreement with seven days prior notice to LSA for convenience or cause.
Consultant may terminate this Agreement for convenience or cause with seven days prior written notice
to client. Failure of client to make payments when due shall be cause for suspension of services, or
ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for
services, expenses, and other related charges.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be
considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise
specified in the proposal.
L IADMINWAs'rDOCTontract Jan 06.doc 3
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LSA IN-HOUSE DIRECT EXPENSES
_...,.__ .,..__....,.....-- •--- -..._. .........._.. ..... _.._....._ ...._ ...._... _....._. _..-----.. ,_._.. __ .. ,__...,_ ._._... Unit Cost
Reproduction $0.10 per page
Color Reproduction (8.5x 11) $1.00 per page
Color Reproduction (11 x 17) $3.00 per page
Mileage
Road
Off -road
Facsimile
Plotting
Diazo Printing
Film (developing billed separately as a direct cost)
IDisposable camera and film (developing billed separately as a direct cost)
Search of Specialized Data Bases
Pen map/GPS Unit
Arc map/GPS Unit
Aerial Photos
S0.445 per mile
$0.595 per mile
$1.00 per page
$5.00 per linear ft.
$0.20 per sq. ft.
$5.00 per roll
S 10.00 per camera
$100.00 per inquiry I
$200.00 per day I
$150.00 per day
$200.00 per photo
1
UADMINWASTDOO.Contract Jan 06.doe
5