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AGREEMENT FOR ARCHITECTURAL & ENGINEERING SERVICES
CLIENT: City of Redlands DATE: February 27, 1985
30 Cajon Street
„ rands, California 92373
PROJECT: Municipal Corporation Yard W. O. NO.: 5024-01
Article
1. Authorization 1
2. Compensation by Client 1
3. Description of Basic Services 2
4. Payments 3
5. Services and Data Provided by Client 4
6. Termination of Agreement 4
7. Sale Agreement 5
8. Successors and Assignments 5
9. Notice 5
10. Period of Performance 5
- Signatures 6
GENERAL TERMS OF AGREEMENT
Section
I. Definitions 7
II. Expenses Excluded 9
III. Services Excluded from Basic Services 10
IV. Consultants and Client Furnished Services and Data 11
V. Project Site Responsibility 11
VL Out-of-Phase Construction 11
VII. Accounting Records 12
VIII. Responsibility for Cost of the Work and Construction
Time Schedule 12
IX. Ownership of Documents 12
X. Insurance 12
XI. Payments Due 13
XII. Suspension or Abandonment of Work 13
X111. Arbitration 13
XIV. Governing Law 14
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AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES
CLIENT: City of Redlands DATE: February 27, 1985
30 Cajon Street
Redlands, California 92373
PROJECT: Municipal Corporation Yard W. O. NO.: 5024-01
Article 1. Authorization
City of Redlands (Client) hereby authorizes Albert C. Martin and Associates (ACMA)
to provide professional architectural and engineering services in accordance with the
provisions of this Agreement and the attached General Terms of Agreement. These
services and supplementary drawings and other Instruments of Service are to be
provided for the construction of the Project described as follows:
1.1 On-Site improvements to rehabilitate, remodel and construct new facilities
for the Municipal Corporation Yard as described by Alternative No. I in the
Planning Study prepared by Neste, Brudin & Stone, Incorporated dated June
1984. This facility is to be located on a site of approximately 14 acres
situated north of Park Avenue between Tennessee Street and Kansas Street
in the City of Redlands.
1.2 Off-Site street improvements to Kansas Street and Park Avenue adjacent to
the site which are currently unimproved. The improvements will consist of
street widening, lighting and extension of gas and water lines.
Article 2. Compensation by Client
2.1 Compensation for Basic Services
Client agrees to compensate ACMA for the services defined in Article 3.0, a
Fee not to exceed Eight Percent (8%) of the Cost of the On-Site Work and
$24,000 for the Off-Site Work, as follows:
2.2 Computation of Compensation
2.2.1 Direct Personnel Expense plus One Hundred Fifty Percent (150%);
2.2.2 Computer and constant line plotting services on the basis of the latest
schedule published by ACMA;
2.2.3 The cost to ACMA of professional services which ACMA elects to have
performed by others; and
2.2.4 Premium Payments for Overtime Work performed when reasonably
required to meet established schedules as approved or requested
by Client.
2.3 Compensation for Expenses Excluded
Compensation for Expenses Excluded shall be made in accordance with
Section 11 of the General Terms of Agreement.
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Article 3. Description of Basic Services ("Basic Services")
Provide architectural and structural, mechanical, electrical and civil engineering
services for Building Shell Work, Building Standard Work and for the Off-Site Street
Improvements described in Article 1.2 as described herein.
3.1 Preliminary Design Phase (30%)
3.1.1 Review Client-provided Program of Criteria and Planning Study and consult
with Client to resolve any questions which arise during this review.
3.1.2 Complete Client provided schematic design by development of building
elevations and materials summary to show schematic design, architectural
vocabulary and environmental character of site for Client review and
acceptance.
3.1.3 Perform code research and resolve code problems.
3.1.4 Initiate working drawings to include site plan, floor plans, section and
elevation drawings and outline specifications based upon the approved
schematic design documents which will cover, in general, materials,
structure, equipment, and mechanical and electrical systems.
3.1.5 Review with and obtain written approval from Client of Preliminary Design
Phase when these working drawings are approximately 30% complete.
3.2 Construction Document Phase 100%
3.2.1 Complete Construction Documents consisting of working drawings and
detailed specifications based upon the approved Preliminary Design Phase
for approval by Client and assist Client in the preparation of instructions to
bidders, proposal forms and the General and Supplementary Conditions of
the Contract for Construction;
3.2.2 Prepare and submit to Client a Final Estimate of the probable Cost of the
Work when these documents are approximately 75% complete.
3.2.3 File drawings with appropriate Building Department and make such
modifications as are necessary to obtain approvals and allow a contractor to
obtain building permits.
3.3 Construction Phase
3.3.1 Assist Client, when requested, in obtaining proposals from general
contractors and in awarding the construction contract to the successful
general Contractor;
3.3.2 Review during bidding contractor-proposed alternates which are permitted
by "or equal" provisions of the specifications;
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3.3.3 Review for conformance to design concept of Project and general
compliance with Construction Documents those shop drawing submittals
which are required of the Contractor to comply with "performance
requirements";
3.3.4 Select for Client approval all colors, patterns, and textures of paint, the and
other finish materials;
3.3.5 Provide course of construction observation at intervals appropriate to the
stage of construction and provide written reports to keep the Client
informed of the general progress of the work. Attend construction meetings
with Client and contractor at the site as required, not to exceed 48, to
assist in resolving field problems and to review the work at critical stages.
3.3.6 Render interpretations of the Construction Documents including the
issuance of clarification drawings if required for the proper execution of the
work;
3.3.7 Maintain records, including issuance of Change Orders, in order to evaluate
the propriety of the Contractor's Applications for Payment;
3.3.8 Conduct final field review of the Project and prepare punch list of
incomplete work items to determine dates of Substantial and Final
completion of the Project;
3.3.9 Assemble and deliver to Client all Contractor-furnished documents such as
written guarantees, service manuals and record drawings.
Article 4. Payments
4.1 Payment of the Compensation for Basic Services defined in Article 2.1 shall
be made in progressive monthly amounts which upon completion of each
phase, conform to the following cumulative percentages:
4.1.1 Preliminary Design Phase (30%) 30%
4.1.2 Construction Document Phase (100%) 82%
4.1.3 Completion of Construction Phase 100%
4.2 Payment of the Compensation for Expenses Excluded as provided in Section
Il of the General Terms of Agreement and for Services Excluded from Basic
Services as provided in Section III also shall be made monthly. Payment for
Services Excluded from Basic Services shall be based upon the progress of
the work.
4.3 Should the Project be suspended or abandoned in whole or in part for more
than sixty (60) days, or the services of ACMA be terminated, ACMA shall be
paid the same amount as provided for by Article 6 as if the Agreement had
been terminated. Payment shall be made upon presentation of an invoice.
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Article 5. Services and Data Provided by Client
The Client shall provide the following services and data:
5.1 An engineering survey of the site performed by a registered engineer or land
surveyor including grades and lines of streets, pavements, and adjoining
properties; rights-of-way, restrictions and easements; boundaries and
contours of the site; locations and dimensions of existing buildings,
improvements and trees; and record information as to available service and
utility lines, both public and private, including locations and dimensions of
unexposed or underground utility services;
5.2 Foundation and soils investigation report;
5.3 Geologic and seismologic report;
5.3 Structural, mechanical, chemical and other tests, inspections, and reports as
required by law, public agencies, or the contract documents;
5.4 Insurance and legal advice and services as required by the Project including
the preparation of bidding, proposal, and contract documents;
5.5 Information included in deeds or lease agreements when it concerns
restrictions or approvals which affect the Project;
5.6 Review of documents prepared by ACMA with prompt written notice to be
given to ACMA and the construction Contractor whenever Client or any of
its employees or agents becomes aware of any conflict, error, omission, or
improper use of materials in these documents, of any fault or defect in the
Project or of any non-conformance with the construction Contract
Documents;
5.7 All necessary information, including drawings, concerning equipment
furnished by the Client.
Article 6. Termination of Agreement ("Termination")
6.1 Client may terminate this entire Agreement upon written notice of seven (7)
days of such action. ACMA may terminate upon written notice of seven (7)
days should Client fail substantially to perform in accordance with the
terms of this Agreement through no fault of ACMA. Upon termination, the
compensation due ACMA in accordance with Article 2.1 shall be increased
by an amount equal to Five Percent (5%) of the total incremental Fee
payable by schedule for the Phase in which termination occurs.
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6.2 Client may terminate upon written notice of seven (7) days should ACMA
fail substantially to perform in accordance with the terms of this
Agreement through no fault of Client. ACMA may elect to terminate this
entire Agreement prior to written acceptance by ACMA of written approval
of the Preliminary Design Phase by Client with any conditions included.
Client shall compensate ACMA for performance of services through the
period of notice in accordance with Article 2.
6.3 Each party shall have fifteen (15) days from the receipt of written notice of
substantial failure within which to cure any default.
6.4 Upon termination, all invoices presented by ACMA for professional services
and for Expenses Excluded through the period of notice, including those
attributable to termination and suspension of the work, shall immediately
become due and payable.
Article 7. Sole Agreement
This contract constitutes the entire Agreement between Client and ACMA. It is
specifically agreed that no representations or agreements of any character, written or
oral, not contained in this Agreement, have been made by Client or ACMA, and any
claimedrepresentations or agreements are hereby waived. This Agreement may be
amended only by written instrument signed by loth Client and ACMA.
Article 8. Successors and Assignments
Neither Client nor ACMA shall assign, sublet or transfer their respective interests in
this Agreement without the written consent of the other, including assignments or
transfers by operation of law, but such consent cannot be withheld unreasonably by
Client or ACMA.
Article 9. Notice
Any notices required or permitted by the Agreement shall be in writing and shall be
deemed given when posted by first-class mail, postage prepaid, to the party for whom
the notice is intended at his last given address, or when delivered in-person to an
authorized representative of such party.
Article 10. Period of Performance
It is important to Client that the Final Estimate of the probable Cost of the Work be
prepared and available to Client no later than June 1, 1985. Consultant therefore
agrees that the Construction Documents will be sufficiently complete to provide that
information. For that reason, time is of the essence in making these Construction
Documents available for bid by that date.
It is the contemplation of both the parties that the period for performance of the
above described services will be completed no later than two 2) bears from date
hereof.
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IN WITNESS WHEREOF, on the day and year first above written, the parties hereto
have executed this Agreement in multiple counterparts, each of which counterpart
shah be deemed an original.
ALBERT C. MARTIN AND ASSOCIATES
By:
Title.
Principal
CITY OF REDLANDS
By:
Carole Beswick
Title: Mayor of the City of Redlands
In Triplicate
WP 1184
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GENERAL TERMS OF AGREEMENT
CLIENT: City of Redlands DATE: February 27, 1985
30 Cajon Street
Redlands, California 92373
PROJECT: Municipal Corporation Yard W. O. NO.: 5024-01
Section 1. Definitions
The following are definitions of terms as used in this Agreement., which are
supplemented by the incorporation herein by reference of other definitions included in
AIA Document A201, General Conditions of the Contract for Construction:
A. "Instruments of Service". The design studies, engineering calculations,
working drawings, detailed specifications, computer programs and software,
and other documents related to the Project which assist in communicating
the design intent and detailed requirements established during the
performance of professional architectural and engineering services. ACMA,
its employees and consultants use that degree of reasonable care, skill and
diligence customarily followed by architects and engineers in this and
similar communities. These instruments may represent imperfect data and
may contain conflicts, errors, omissions, code violations and improper use of
materials which will be corrected when identified.
B. "Direct Personnel Expense". Direct salaries earned by productive personnel
while performing services directly related to the Project and by their
supervisors plus the cost for mandatory and customary benefits provided by
ACMA to such individuals. Direct salaries are computed by using total
hours employed on the Project multiplied by the regular hourly rate of pay.
C. "Overtime Work". Hours worked by each employee in excess of the normal
daily schedule or 40 hours each week, whichever is greater.
D. "Premium Payments for Overtime Work". Direct salaries earned by each
employee as computed using hours of overtime work multiplied by one-half
the regular hourly rate of pay.
E. "Computer and Constant Line Plotting Services". Data computation and
processing by computer and related primary services such as on- and off-line
data storage, card-reader, line-printer, line-plotter and remote terminal
usage.
F. "Cost of the Work". Cost to the Client of all work designed, specified, or
otherwise provided for in the documents prepared by ACMA and its
consultants for the entire Project, which includes all Building Standard Work
and all payments to the Contractor for general conditions, fees and cost
savings; but excluding compensation of ACMA and its consultants and the
expense of engineering surveys of the site, soils engineering and
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construction testing services. Labor, equipment or materials furnished by
the Client shall be included at current market value with a reasonable
allowance for overhead and profit. Should the scope or quality of the
Project be increased, the scheduled period of construction be extended, or
the operational functions to be accommodated by the Project be modified at
any time, the increase in cost resulting from all such work shall also be
included.
G. "Building Shell Work". The enclosed building with standard building finishes
on all walls exposed to the public with provision for Client required utilities
and services to a central point of connection for fit-up work. The Shell
Work includes exit corridors, stairs, elevators, mechanical and electrical
equipment and toilet rooms, main floor and elevator lobbies (excluding
furniture, furnishings, casework and special decorative features) and signs
required by the applicable building code. It excludes Building Standard
Work, Fit-Up Work and Occupancy Work.
H. "Buildin& Standard Work". Systems for standard office use including wall
system (partitioning, doors, hardware), floor covering, window covering
(drapes or blinds), and ceiling system (acoustical tile, light fixtures, air
handling fixture), which have been designed or selected with the approval of
Client for incorporation into the Project by others to complete the Project
for tenant occupancy.
1. "Fit-Up Work". All labor, materials, equipment and services required to
complete construction of the facility to satisfy the specific occupancy
requirements up to the point of final connection of occupant equipment.
This includes any revisions to the Building Shell and Building Standard Work
and the installation of modifications, relocations, extensions and additions
to utility systems, supplemental HVAC systems, special fire and alarm
systems, special fume and dust removal systems, special floor finishes,
equipment wiring and other connections, equipment foundations, special
supplemental or high intensity lighting, clean rooms, sound and
environmental chambers, special partitioning and special security areas and
systems.
J. "Occupancy Work". All labor, materials, equipment and services required to
finish a facility for occupancy. This includes furniture, furnishings, carpet,
draperies, accessories, fixtures, office and process equipment, casework,
telephone and other communication systems, computer and terminal
systems, and other special requirements of the occupant related to his use
of the facility.
K. "Record Drawings". Changes recorded by the Contractor on reproducible
drawings of the Project furnished by Client to indicate the location and size
of all elements of construction, that are other than shown on the original
contract drawings.
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L. "Final Estimate". Estimate of the probable Cost of the Work which is
prepared by ACMA for all architectural and engineering building and on-site
systems and for Off-Site street improvements included in the Project as
delineated in the Construction Documents. This estimate is based upon its
professional opinion and quantity "take-offs" of the construction materials
to which are applied unit costs plus building primary mechanical and
electrical distribution systems which are based upon square foot or other
unit costs developed from experience.
M. "Adjusted Final Estimate". Final Estimate as adjusted for any changes in
the scope or quality of the work and for changes in the proposed
construction time schedule which are authorized by the Client.
N. "Client's Economic Budget". Amount of money designated by the Client for
the Cost of the Work at the effective date of this Agreement plus other
costs estimated by Client to be incurred such as land acquisition, Expenses
Excluded, Services and Data Provided by Client, and Fit-Up and Occupancy
Work required to complete the facility prior to modification as described in
the following paragraph.
0. "Client's Adjusted Economic Budget". Amount of money as adjusted to
allow for changes in the scope and quality of the Project, for changes in the
ENR Index, for reappraisals of other costs to be incurred by Client, and for
changes in the proposed construction time schedule.
Section 11. Expenses Excluded
When requested by the Client, ACMA and its consultants may incur expenses which are
excluded from professional services and shall be reimbursed by the Client monthly as
follows:
A. On the basis of cost plus Fifteen Percent (15%) for items such as the
following:
A.1 Building authority fees and permits;
A.2 Travel and subsistence expenses for travel to points outside Los Angeles
County;
A.3 Communication costs including telephone tolls for calls outside the
Los Angeles Area Code 213;
A.4 Fees and expenses for special consultants, such as landscape architect, and
for furnishing services and data on behalf of the Client;
A.5 All charges relating to models, and graphic representations such as
perspective renderings, photographs, photostats and other special
reproductions required for the Project.
B. On the basis of the latest schedule published by ACMA for reproduction,
binding, and delivery of technical reports; of all construction documents
issued to Client, Contractors, ACMA and others for use during bidding and
construction; and of all leasing data required by Client or its consultants.
C. On the basis of cost for premium payments for overtime work performed at
the request of the Client.
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Section Ill. Services Excluded from Basic Services
When requested by the Client, ACMA may provide professional services such as the
following upon approval by Client of a Change Authorization. These services are
excluded from the Basic Services provided by ACMA. To provide compensation to
ACMA for such services, each Change Authorization will include the expected
Compensation which shall be added to and increase the Compensation provided in
Article 2.1.
A. Preparation and processing of rezoning and building code variance
applications, or activities in connection with public agencies such as those
to provide for off-site utilities, streets, freeway interchanges, signs and
other facilities, or to obtain Special Use Permits, Architectural Committee
Approvals, etc.
B. Performance of studies such as geological, seismological and dynamic
analyses, etc., and preparation and processing of reports.
C. Field investigations to obtain detailed information regarding existing
facilities.
D. Detailed construction scheduling and control activities, and deferred
construction work.
E. Preparation of documents and other services to obtain alternate or separate
bids, to accommodate equipment or material purchases, or to permit any
construction prior to completion of the Construction Document Phase for
the entire Project. These services include the preparation of modifications
or other changes to the Construction Documents to include design or
construction requirements identified during completion of the work.
F. Preparation of revisions to drawings and specifications when required
because of changes authorized by the Client after prior acceptance of a
Phase of Basic Services, including changes in data regarding equipment to be
supplied by the Client, and the review of and preparation of revisions to
incorporate substitutions and alternates presented by the Contractor other
than those submitted during bidding in accordance with specific "or equal"
provisions of the specifications.
G. Provide services to assist Client with reports and statements concerning
professional services performed or project data which are required by or to
be provided to financial institutions, leasing agents or others.
H. Provide programming and space planning assistance to Client by
interviewing and recording the Fit-Up and Occupancy Work requirements of
the occupants of individual areas and present these data to Client for review
and approval of the detailed Statement of Requirements to be provided and
Space Plan for the Project.
I. Preparation of Design Development, Construction Document and
Construction Phase services for any Fit-Up or Occupancy Work.
J. Selection of graphic elements such as directional signs, environmental
graphics, displays and stationery.
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K. Performance of on-site observations by a full time field representative who
will interpret the drawings and specifications, coordinate activities of the
inspectors if employed by Client and serve as liaison with the office of
ACMA.
L. Review of the Record Drawings prepared by the Contractor. Such review
shall not relieve the Contractor of his responsibilities for the accuracy and
completeness of the information recorded nor charge ACMA with
responsibility or liability for the changes recorded.
M. Performance of prolonged contract administration and observation of
construction should the construction period be extended by more than sixty
(60) calendar days from that established at the time the Contract for
Construction is awarded.
Section IV. Consultants and Client Furnished Services and Data
With the approval or at the direction of the Client, ACMA may employ special
consultants, such as a landscape architect, as may be required for the Project, or may
authorize others to furnish services or data on behalf of the Client, such as site
surveys. ACMA may coordinate such work to facilitate accomplishment within the
general requirements of the Project. Such acts by ACMA, including the
recommendation or selection by ACMA of the individual or firm to furnish such work,
shall in no way be construed as imposing upon ACMA or charging ACMA with any
liability or responsibility for any error, omission or other defect in the services or data
so furnished. Payment for such work shall be made by the Client upon receipt of a
statement by ACMA to the propriety of invoices submitted.
Section V. Project Site Responsibility
ACMA shall not be responsible for providing or reviewing shoring and steel
reinforcement detail and placement drawings.
ACMA shall not be responsible for the Contractor's failure to carry out the
construction work in accordance with the Construction Documents, or for any
construction processes, site conditions, operations, equipment, personnel, or for safety
precautions and programs in, on, or about the Project, all of which are the sole
responsibility of the Contractor.
ACMA shall not be required to make on-site inspections to check the quality or
quantity of the work.
Section VI. Out-of-Phase Construction
Client may elect to proceed with equipment and material purchases, bidding and
construction prior to completion of the Construction Document Phase upon completion
by ACMA of necessary services. Such out-of-phase purchases and construction before
completion of coordination and checking corrections to the Construction Documents
may result in additional costs of design or construction. Performance of the associated
professional architectural and engineering services, all of which are excluded from
Basic Services, shall not result in imposing upon or charging ACMA with any
responsibility or liability for any such added costs of design or construction.
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Section VII. Accounting Records
ACMA shall maintain its records relating to all work assignments on a generally
recognized accounting basis and shall make such records available to Client for work
performed on a cost reimbursable basis, if requested.
Section VIII. Responsibility for Cost of the Work and Construction Time Schedule
Evaluations of the Client's Budget Statement, Preliminary Estimates of probable cost
of the work, estimates of construction costs and the time required for construction, if
any, prepared by ACMA represent its best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither ACMA nor the
Client has control over the cost of labr, materials or equipment, over the contractor's
methods of determining bid prices, or over competitive bidding, market or negotiating
conditions. Accordingly, ACMA cannot and does not warrant or represent that bids or
negotiated prices will not vary from the budget proposed, established or approved by
the Client, if any, or from any Preliminary Estimate or other cost estimate, time
schedule or evaluation prepared by ACMA.
Section IX. Ownership of Documents
Drawings, calculations, specifications, computer programs and software, and other
Instruments of Service are the property of ACMA and are not to be used on other work
without the prior written approval of ACMA. Client hereby agrees to defend,
indemnify, and hold ACMA, its employees, and agents harmless of, from and against
any claims, loss, cost, damage or expense, including attorneys, fees, arising out of,
based upon, or related to any such use of these documents.
Section X. Insurance
ACMA shall procure and maintain insurance policies in effect during the period of
performance of this Agreement of the type generally available insuring ACMA during
its performance under this Agreement which will:
A. Comply with applicable Workmen's Compensation Laws, and
B. Provide the following coverage for damages incurred:
1. Comprehensive general liability insurance for operations with a
combined single limit each occurrence and aggregate of $500,000.00
for bodily injury and property damage.
2. Automobile liability insurance with a combined single limit each
occurrence of $500,000.00 for bodily injury and property damage.
3. Professional liability insurance for actionable negligent professional
acts, errors or omissions of ACMA with a combined single limit each
occurrence and aggregate of $1,000,000.00.
Client agrees that the liability of ACMA, its partners, employees, agents and
consultants to Client and to all construction Contractors, Subcontractors, and
suppliers shall be limited to the proceeds recovered from the above insurance and
within the coverage limits specified.
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Client further agrees that the Contract for Construction will require the Contractor
to carry satisfactory insurance which will name both Client and ACMA as additional
insureds and will waive subrogation and contribution provisions. The indemnification
provision of this Contract shall include defense and exclude from the Contractor's
responsibility only those acts, errors or omissions of ACMA which are caused solely by
the actionable negligence of ACMA.
Section XI. Payments Due
All Compensation earned for Basic Services, for Services Excluded from Basic Services
and for Expenses Excluded which have been incurred shall be due and payable monthly
upon presentation of invoices therefor. If payment in full is not received by ACMA
within thirty (30) days after such presentation, ACMA shall:
A. Be paid a delinquency charge of Two Percent (2%) per month, or the
maximum charge allowed by law, on the unpaid balance from the date of the
invoice, but the payment of such charge shall not excuse the default in
payment; and
B. Have the right to:
1. Suspend all work until payment is received; and/or,
2. Terminate the unperformed portion of this Agreement.
Section XII. Suspension or Abandonment of Work ("Suspension or Abandonment")
ACMA shall perform such work as may be required to suspend, abandon or reactivate
the Project and shall be compensated by Client as set forth in Articles 2.2 and 2.3 for
services provided and for Expenses Excluded which have been incurred. Should the
Project be suspended for more than sixty (60) days, the Compensation provided in
Article 2.1 shall be adjusted in a manner satisfactory to Client and ACMA or the
Project shall be terminated without cause.
Section XIII. Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, may be finally settled by arbitration, with the consent of both parties;
provided, however, ACMA shall not be required to arbitrate a claim if ACMA's
professional liability carrier refuses to consent to such arbitration. The demand for
arbitration shall be made within a reasonable time after the claim, dispute or other
matter in question has arisen, but in no event shall the demand for arbitration be made
after institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statue of limitations. The
arbitrator(s) shall not vary, modify, or alter the terms and provisions of this
Agreement. The arbitration shall be conducted in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association. 3udgent upon
the award rendered by the arbitrator(s) may be entered in any Court having
jurisdiction thereof.
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The arbitrator(s), when they deem that the case requires it, are authorized to award to
the party whose contention is sustained such sums as they or a majority of them shall
deem proper to compensate him for the time and expense, including attorneys' fees,
incident to the proceeding, and where the arbitration was demanded without
reasonable cause, they may award damages for delay.
In the event of arbitration, the parties to this agreement consent to the full use of
discovery proceedings provided for in the California Code of Civil Procedure for use in
civil actions. In the event of any dispute arising over the scope or nature of discovery,
the arbitrator(s) shall resolve such dispute. Such orders shall be binding on the parties.
Should suit be filed to enforce or for the breach of the terms of this agreement, the
prevailing party shall be entitled to the award of reasonable attorneys' fees.
Section XIV. Governing Law
This Agreement shall be governed and professional services shall be performed in
compliance with the laws of the State of California and applicable governmental
regulations, building codes and ordinances in effect at the date of this Agreement.
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