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Context Lanscape/CRC/12,500/Bicycle Improvements monon at mainContext Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the Carmel Redevelopment Commission (hereinafter "CRC"), and Context Landscape Architecture (hereinafter "Professional"). RECITALS WHEREAS CRC owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, CRC needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to CRC the professional services ("Services") referenced herein; and WHEREAS, CRC desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, CRC and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. SCOPE OF SERVICES 2.1 CRC desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that CRC may, from time to time, request Professional to provide additional or modified Services to CRC. When CRC desires additional Services from Professional, the CRC shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after CRC has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to CRC. A copy of the CRC's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by CRC. 2.3 Time is of the essence of this Agreement. tCllo/nJrtMry+Ba,atocaru rm.oflArl- '. AT gm° Entuala 111,,Conton OoIooklBAPNIOJN ,Con xi 1,NI aM'A MmcnMo I,pnm110111CRC Prof mlm'a1S ,Cntraudw5R1/30153.5 P1 1 Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 SECTION 3. CRC'S RESPONSIBILITIES 3.1 CRC shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 CRC shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. CRC shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 CRC shall designate payment of the Services from City budget appropriation number 902-4340200 funds. 3.5 CRC shall designate the Executive Director or her duly authorized representative to act on CRC's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with CRC its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to CRC hereunder shall be no more than Twelve Thousand Five Hundred Dollars ($12, 500.00) (the "Estimate"). Professional shall submit an invoice to CRC no more than once every thirty (30) days for Services provided CRC during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B incorporated herein by this reference. CRC shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of CRC receipt of same. 5.2 Professional agrees not to provide any Services to CRC that would cause the total cost of same to exceed the Estimate, without CRC's prior written consent. {C]uzure�ii uproau%Ilan FtloCoil OtaIo,,L VP2.IO1R NCun,a W 2 s CRC Rofe,onal Coutrad.dot:Y1121)15 Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2015, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto, SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by CRC or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by CRC, for cause, immediately upon Professional's receipt of CRC's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. CRC and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are CRC employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies CRC for and from any and all costs, fees, expenses and/or damages incurred by CRC as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. [C:l11 Nidi\\I,I,DmaLLmNliaienll\\' rhiiu�ia Rhs\( A\B\'PMO1 N'IP'nolal Ia,I,c p, A .\liA1, 3 Oil Sam, lS,,mu,J -512120153'115 PMI Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed S 12,500.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of CRC and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to CRC. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of CRC's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, CRC shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from CRC specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, CRC shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless CRC from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification. Professional shall indemnify and hold harmless CRC and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. Pte %mlvna F,I Com,nr[ \P\PMOI\l'NCwlul Ilod .'iw Ar.#. Ninon if 11,11, CRC ProfDDi n¢I Sn,. Cm, flll.Jlx:5/1181115 l ll5 PMT 4 Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12.500.00 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E -Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E -verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the CRC's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E -verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the CRC within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. 7.12 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. jCoAO+�n'tntluUppI/JuLata Alla'mmltAPi tlnwATonl*rary lmmia FILVICnnLni.O,,k,,13BVPNICIIVIPContaxi Lineca 5 A int, CRCNoti,ion Smac.. con, rc:52I/0153n5 PAq Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 7.13 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CRC: Carmel Redevelopment Commission 30 W. Main Street, Suite 220 Carmel, Indiana 46032 ATTENTION: Corrie Meyer PROFESSIONAL: Context Landscape Architecture 12 South Main Street, Suite 200 Fortville, Indiana 46040 ATTENTION: Alyssa Prazeau, PLA, ASLA Douglas C. Haney Carmel City Attorney One Civic Square Carmel, Indiana 46032 Notwithstanding the above, CRC may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non -Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without CRC's prior written consent. IC aN,IN laWI,I,Dam\IAullM,rmonitl'intl.NoN1 n,9u,aylmmm kilo+Cummi OUIImNBYPA101\\11,Cmil,x,I 6 'uo,m >I smunmN CRC Prole,',, al Suvica Contra di /1 Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 7.18 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright. CRC acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. CRC agrees that all ownership rights and copyrights thereto lie with Professional, and CRC will use them solely for and on behalf of its own operations. CRC agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with CRC. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. CRC shall have free It pflat awlmrc— Tnnlurn' Iom I kilo'. Bl'PAIOJW LAContoIl,ndualy' flth.AI \Ivo/ ntnLou, CRC FoFe.00nnl St, ict,Cnu,ci dlc/!I/$BI[1I15 PAl 7 Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12.500.00 access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within CRC's organization. 7.26 IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran, 7.27 ACCESS TO PUBLIC RECORDS ACT 1c usaMnnc\A Professional understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the CRC, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. DD ‘111311,101W. • \ T (remainder of page intentionally left blank) ,URVPAOIWUIConmu Lu,tLon, CRC Rofu.1011a1 Ardor Cimtau 8 1 am£,:n£ 3, ] Context Landscape Architecture CRC - 2015 Appropriation # 4340200; P.O. # 32950 Contract Not To Exceed $ 12,500.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: Carmel Redevelopment Commission BY: Corrie xec tivj Date: Date: l itia. 1 //id/ /L m Ham r,P Jd7 �S- Context Landscape Architecture BY: Authorized Si 'nature Printed Name: 4 it ys3a 1? Frac Zeak Title: Ms �O11Nc� rav-bier FIDmN: 35- 2053 ?tal Last Four of SSN if Sole Proprietor: Date: 0 'j - 0 9 • /5 IC.iWanrvlecAypOnNual`MivuoMWiMaslTmp+ry luwa ni.CwAtn•bigkaUP'"n4CMJC00,00 ImtlKrye AM. Maim Mm hormcowu CRC Prof l it Swim Cmnakc5111201534t PM) 9 12 S. Main S rect. Suite200 Fortville Indiana 46040 tel 317.485.6900 Exh[bd A CONTEXT landscape architecture 1110) U 8! sa p -1 xe] u o rM M M March 1 I, 2015 Revision 01: April 14, 2015 Corrie Meyer Executive Director, Carmel Redevelopment Commission 30 W. Main, Suite 220 Carmel, IN 46032 RE Carmel Monon Trail - Bicycle Improvements - Main Street Corrie, Thank you for the opportunity to provide the Carmel Redevelopment Commission (CRC) this proposal for the Carmel Monon Tr -ail - Bicycle Improvements project. We sincerely look forward to working with you on this great project. The Design Team shall consist of Context, LLC, as the project leader. We will coordinate with Luur Design, as described below, and lead other consultants if Optional Services are added later. We are assuming that Lighting / Schematic Electrical Plans will be part of a submittal process. The following sections outline our approach and are based our email correspondence, conference call on March 10, March 30 meeting, and subsequent emails. Project Understanding CONTEXT understands the following: • The CRC is seeking design services for concepts and construction documents for a private bike parking area and associated site elements. • The primary project area is the linear space along the Monon trail in between Main Street and 1st Ave. in Carmel. The specific focus area is from the western edge of the trail up to the face of wall along the Bub's Parking lot and outdoor seating areas. Public rights-of-way and areas on the east side of the trail and the buffer zone north of Bub's wall shall be considered during concept design, but will not be part of construction documents. • The City of Carmel is implementing a bike share program in collaboration with Zagster. The City is still deciding if the bike share area will be within the Main Street to 1st Ave. corridor, or south of Main Street. Commitments and schedules with Zagster will determine this. One possible scenario is to locate and install the bike share south of Main St., but move it within the project area later. • Pavement materials shall be concrete at a minimum. Other enhanced options can be explored. Vertical elements, such as curbs or bollards, need to be considered for separation. • Carmel Parks and the CRC are combining funds for a total project budget of $86,000, including construction costs and design fees. • The design must include the following: o 20-30 private bike parking spaces o Rest area(s) with seating • The design could include the following: o vertical elements along the Bub's property line .. - seat wall(s) - retaining wall(s) - vertical bike parking o lighting o site elements including benches Creating the Spirit of Place .. . Carmel Monon Trail - Bicycle Improvements - Main Street page 3 o Site Details o Planting Plan(s) o Planting Details and Schedule o Technical Specifications • Bidding o Context will assist the CRC during bidding with the following: - answering bidder questions - through the City of Carmel - attend a pre-bid meeting if one is held - assist the City in evaluating bids • Construction Phase Assistance o Context highly recommends assisting the CRC during construction with the following: - review of shop drawings and submittals - attendance at up to six (6) construction progress meetings. as requested by the CRC - punch list preparation Deliverables • Concept Plan(s) and Sketches (as to convey the design intent and get approval to move into construction document work) - PDF files and I 1 x 17 sheets. • (1) Rendered and Keynoted Concept Plan over an aerial photo, representing the chosen concepts - 24x36 sheet. • Cost Estimate(s) - initial concept estimate - 50% & 95% construction documents • Construction Documents and Technical Specifications for public bid - formatted per City standards. - 50% & 95% review sets • Any 3D SketchUp rnodels produced by Context are working design tools and not for presentation purposes Optional Services • ' 3D models - SketchUp. • Renderings beyond those described above • Civil Engineering - Design and Review: If a.concept evolves that significantly changes drainage pattems or triggers permitting and review, Context would .engage with a Civil and execute a contract amendment with the CRC. • • Fully detailed and stamped electrical plans. Services Not Included • Plans pertaining to the Maintenance of Traffic for the Monon Trail and Adjacent Public Roads • Any services not specifically outlined above are not included in our scope of work and the professional fees below. Context will not perform additional services, or services outside the scope, without written approval by the CRC. Schedule CONTEXT is prepared to begin work immediately and follow the timeline outlined above. Professional Fees Professional Fees shall be a lump sum fee of $12,500.00, based on the fee breakdown below. Fees will be billed monthly on a percentage -complete basis. Fees below factor in site visas, inventory/analysis, STANDARD TERMS AND CONDITIONS form an integral part of the Agreement for the referenced Project; Carmel Monon Trail - Bike Improvements - Main Street for Carmel Redevelopment Commission in Carmel, Indiana. CONTEXT, LLC Landscape Architecture I. INSURANCE: The Consultant shall secure and endeavor to maintain such insurance as will protect the Client from claims of negligence, bodily injury, death, or property damage that may arise out of the performance of the Consultants' services under this agreement. 2. RISK ALLOCATION: In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claim expenses, including attorney's fees, arising out of this Agreement, from any cause or causes, shall not exceed the total amount of the Consultant's fee for any claim arising out of the Consultants negligence. 3. PAYMENT TO THE CONSULTANT: If the Client fails to make monthly payments due the Consultant, the Consultant may, after giving seven days written notice to the Client, suspend services under this Agreement and retain all work products deliverable to the Client until full payment. The project completion date shall be automatically extended by the number of days services are suspended. No deductions shall be made from the Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payment(s) to Contractors or based on Contractors performance. 4. OPINION OF CONSTRUCTION COSTS: Any opinion of construction cost prepared by the Consultant represents his judgment as a design professional and is supplied for the general guidance of the Client Since the Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, the Consultant does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the Client. 5. OWNERSHIP OF DOCUMENTS: It is understood by and between the parties to this Agreement that all Drawings, Specifications and other work or products of the Consultant for this Project shall remain the property of the Consultant and are instruments of service for this Project only and shall apply to this particular Project only. Any reuse of the instruments of service of the Consultant by the Client for any extensions of the Project or for any other project without the written permission of the Consultant shall be prohibited. 6. REIMBURSABLE EXPENSES: Reimbursable expenses include actual expenditures made by the Consultant, his employees or his sub -consultants on behalf of the project. Reimbursable expenses include, but are not necessarily limited to, the following: (a) expenses of transportation and living when traveling in connection with a project; long distance telephone calls; overnight or express mail; photographic development and supplies; couriers and fees paid for testing and/or for securing approval of authorities having jurisdiction over this Project; (b) expenses of printing, reproduction, postage and handling of drawings and specifications; (c) expenses related to sub- consuhants and specialists when authorized by the Client. Mileage shall be billed at the federal standard rate determined by the IRS. All reimbursable expenses shall be billed as a multiple of 1.1 times the cost incurred by the Consultant. In-house plotting, printing and reproduction will be billed as follows: Drawing Plots Color Prints 18 x 24 bond 24 x 36 bond 30 x 42 bond 36 x 48 bond 8.5 x 11 bond 1 I x 17 bond $1.00 $1.50 $2.25 $3.00 $0.75 $1.25 7. CONSTRUCTION PHASE SERVICES' Should the Client authorize construction installation based on the plans provided under this Agreement without project observation, review of Contractor's performance, and/or construction phase services by the Consultant, the Client assumes all responsibility for interpretation of these documents and for construction observation, and waives any claims against the Consultant that may be in any way connected thereto. 8. EXISTING AND HIDDEN CONDITIONS: A condition is hidden if existing finishes or features conceal it or if it cannot be investigated by reasonable visual observation. If the Consufant has reason to believe that such a condition may exist, the Consultant will notify the Client, who shall then authorize and pay for all costs associated with the investigation of such condition and, if necessary, all costs necessary to correct said condition. 9. DISPUTE RESOLUTION: All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement, or breach thereof, shall be presented to non-binding mediation, subject to the parties agreeing on a mediator. 10. CHANGES IN SCOPE OF SERVICES: In the event the scope of work as described in this Agreement changes to a degree that will alter the fee, the Client shall be notified in writing and a revised fee will be documented and a completion time and compensation amount will be submitted for approval. For services not included in this Agreement, Additional Compensation shall be computed using the following hourly rates: Principal Project Landscape Architect Senior Designer Designer Draftsperson/Intern Administrative Support $135.00/hour $120.00/hour $115,00/hour $105.00/hour $80.00/hour $60.00/hour Rates indicated are in effect through December 31, 2014, after which time they will increase in relationship to salary increases.