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HomeMy WebLinkAboutTATSUMI AND PARTNERS, INC.through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Tatsumi and Partners, Inc. 5 Corporate Park, Suite 200 Irvine, California 92606-5166 facsimile (949) 250-9891 A_2 4`64 Tasomk MD vA0M MiSskn%I �s 1�-��4� Ar�— VM*5s 50P) r� A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: J L ra Shee y Assistant City Attorney CITY OF SANTA ANA VID N. .M City Manager TATSUMI AND PARTNERS, INC. AV H. TATS MI President REQUEST FOR PROPOSAL ON CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT DIRECTOR Souri Amirani Deputy City Engineer Phone (714) 647-5640 9 5. All preliminary and bid sets of plans shall be plotted on bond paper. All drawings shall be 24" x 36" on City standard title block and title sheet. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional landscaped architect/engineer in responsible -charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as-builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy of the final as -built drawings via CD or e-mail. S. Consultant shall tightly control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12, Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre -construction meetings, attend initial job walk, final walk-through and assist with preparation of punch list, and attend final inspection as requested by City staff. CITY RESPONSIBILITIES In general, the City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate spec. • Acting as a liaison with the appropriate decision making bodies. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. CONTRACT CONSIDERATION Since total actual cost cannot be pre -determined, a fee for each assigned project shall be negotiated. The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre -contractual expenses: Pre -contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. 11 INFORMATION REQUIRED FROM CONSULTANTS Proposals shall be submitted in the format as described below: Organization and Credentials Provide a synopsis of the consultant's qualifications and past experience. Work Plan Provide a narrative rendition of the technical work plan. Show how all required tasks are to be completed. Staffing The consultant shall identify their Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience, and their capability to explore and resolve problems. Subconsultants Identification is required of any contemplated Subconsultants to be used during the project, with the identification of personnel to be assigned, their qualifications, education, and representative experience. SUPPLIED TO OFFEROR The offeror shall furnish a fee schedule for the proposed service. The offeror shall also complete Attachment "A" (Consultant Rate Comparison Form) located at the end of the Request for Proposal and include it with the fee schedule. The fee schedule (3 copies) and Attachment "A" shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: A. Hourly rate for each personnel category. B. Any other direct charges. C. Indirect cost or overhead. D. Cost of supplies and materials (itemized). Consultant may submit a revised fee schedule at the beginning of the calendar year for any adjustments to the hourly rates. The City must approve the revised hourly rates in writing prior to the revised rates taking effect. The consultant may be required to submit supporting back-up documentation for the revised fee schedule changes. Total cost for the contract shall not exceed $300,000. 13 EXHIBIT B FEESCHEDULE 15 EM M ATTACHMENT "A" TATSUMI AND PARTNERS' SAMPLE SCOPE OF WORK Santa Ana Zoo Front Entrance — New Landscaping and Irrigation (2500 sO Assumptions: • No existing mapping is not available for this area. • Depending upon the specific areas to receive new planting, the existing areas contain severak existing trees including a Data palm, Minosa and Floss Silk trees. Other plants near the existing entrance include Flax, Dietes and Bamboo. • Drainage is accommodated by existing grades/drainage. • The Santa Ana Zoo desires to have a new landscape which reflects the theme of the zoo. • A construction budget for this new improvements has not been established. • The overall zoo's irrigation system is controlled by a Maxicom system. • New pavement and other structures is not in this scope of work. • New lighting will not include pedestrian and/or safety lighting. New lighting will be restricted to landscape accent lighting. • Electrical and irrigation water points of connection are available within a reasonable distance from the project area. Scope of Work: Kick -Off Meeting and Project Orientation: Meet with City staff to discuss in detail the project goals and objectives, budgets and other project perimeters. Specific desires will be discussed including budgets, visual character (theme) of the new planting, and visual clearance areas for signage and existing structures. Establish lines of communications with various City departments including public works, zoo operation/maintenance and planning. 2. A project schedule will be prepared using Primavera project management software. This schedule will be subject to the review and approval of the City. Refinements to the schedule will be made at this time. 3. An on -site visit will be conducted. An analysis of the planting areas versus current use and pedestrian flow will be preformed. During this task, soil samples will be taken to assess the agronomic condition of the soil. Tatsumi's in-house certified arborist will evaluate the existing trees for possible relocation, preservation or removal. An inventory of any existing irrigation systems will be conducted to obtain the current irrigation equipment inventory and available facilities. Site survey will also include a review of the existing electrical panel. 4. Security issues will also be discussed with zoo operations/maintenance staff for inclusion into the Opportunities and Constraints analysis. S. Concurrent with the on -site visit, a field survey will be conducted to map the existing conditions of the new planting areas. Proposal: On Call Landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. p:+ry a. Research County benchmark and record maps within project limits. b. Datums i. Vertical: Orange County Surveyor's NAVD88 ii. Horizontal: Orange County Surveyor's CCS-83, Zone VI Horizontal Datum c. Topographic field survey: i. Locate existing centerline monuntentation for basis of bearings. ii. Collect topography from parking lot to existing buildings and limits determined by Tatsumi. iii. Collect all surface features within project limits (curb & gutter, driveways, sidewalks, walkways, existing landscape improvements, trees, shrubs, visible irrigation equipment, valves, etc.). d. Drafting: i. Prepare topographic base sheets, 1" = 20' scale with 1' contours in AutoCAD drawing format including all survey information collected for design of landscape improvements. This mapping will be digital and will serve as the base for all future planning and design of this project. 6. A preliminary utility investigation will be conducted in the form of reviewing the project plans, underground utility plans, and geotechnical information provided for the subject project by the City. This task is conducted to confine that there are no underground utilities which would have to be addressed in the planting. Prepare sketch Opportunities and Constraints analysis will be conducted to quickly determine areas of opportunities. Constaints such as underground utilities, visual clearance of buildings and signage, visitor queueing patterns, and pedestrian movement patterns will be addressed in this analysis. 8. Concept Design: A conceptual layout of the new landscape elements including planting, accent lighting and concrete mow strips (if required) will be prepared in an illustrative manner. If significantly differing avenues of design are identified, additional concept layouts will be provided. For each concept, a schematic cost estimate will be provided. These concepts and < estimates will be presented to the City for its review and comments. Tatsumi will assist the City f=' in selecting a concept which meets most of the project's goals and objectives. Refinements to this preferred concept will be made for final approval by the City. If a new signage design available or pending, Tatsumi will coordinate the location and type of planting as well as the accent lighting with the signage designers. Electrical load and voltage drop calculations will also be performed to insure that adequate power is available for the new electrical demands of the irrigation controller and accent lighting, 9. Upon final approval of the concepts and estimates by the City, Tatsumi will prepare construction documents which conform to the City of Santa Ana standards and requirements. These will include: a. Demolition Plan (or possible tree preservation plan). Proposal: On Call Landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. b. Planting Plan including concrete mow strip layout and details. c. Irrigation Plan including details and water calculations to conform to water conservation issues (AB325). d. Electrical/Lighting Plans including panel schedule and legend. e. Final Construction Cost Estimate. f. Specifications. 10. Construction documents will undergo a quality review process by Tatsumi. These quality review documents will be made available for City QA/QC audits when requested. All submittals will receive these quality reviews prior to submission to the City. 11. Upon 65% completion of the in -progress constructon documents, Tatsumi will submit 24N36" review sets for the City's review. Upon the City's comments, Tatsumi will revise the construction documents. 12. At 95% completion, Tatsumi will submit 24"06" review sets for the City's review. Based on these review comments, Tatsumi will revise the construction documents. 13. 100% complete construction documents will be provided to the City in the form of 24N36" reproducible full-size prints as well as digital CAD and word document files. All plans and specificatons will be signed by the appropriate responsible oversight professional. 14. Construction Support with site visits, coordination meetings, Request for Information submittals, and shop drawing reviews. Other services during construction include attendence at pre - construction meetings, initial job walk, final through, assistance with preparation of punch list and final inspections. 15. Upon the completion of construction, Tatsumi will generate as -built documents incorporating the changes to the plans during construction. These as-builts will be signed and submitted to the City on 24"06" mylar as well as digital CAD files. Proposal: On Call landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. A I K D M MERIDIAN I Prevailing Wage Fee Schedule Valid Through October 1, 2009 PROFESSIONAL SERVICES: HOURLY RATE: Principal $180.00 Project Manager $160.00 Project Surveyor $140.00 Project Engineer $140.00 Junior Engineer $125 00 Survey Technician $115.00 Engineering Technician $115.00 AutoCAD Drafter/Designer $100.00 Clerical/Administration $ 75.00 Technical Aide $ 75,00 Expert Witness (4 hour minimum) $300,00 Survey Crew (1 man w/truck) $175.00 Survey Crew (2 persons) $225.00 Survey Crew GPS (3 persons) $300.00 Survey Crew GPS (4 persons) $375.00 REIMBURSABLES: RATE: Additional Survey Vehicle $ 75/day Supplies, Reproduction, Rental of Special Equipment Cost + 15% Subconsultants Cost + 15% REMOTE SITES: RATE: Fuel, lodging, Airfare Cost + 15% Meal Expense $ 50/day/person Mileage $ 0.55/mile Note: Government Agencies and/or private landowner fees, map filings, research materials, etc. are extra to contract costs. These rates are dependant on prevailing wage rates as determined by the Director of the Department of Industrial Relations. Interim changes will negate these rates and an adjusted fee schedule will be issued, and shall apply should this occur. Overtime pay will be charged at a rate of 150% as shown above. Double time pay will be charged at a rate of 200% as shown above. 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone:949-768-0731 Facsimile:949-768-3731 KDMMeridian.com D)AT YptIRMAt� DIAZ.YOURMAN & ASSOCIATES Schedule of Charges - 2009 Professional Services Junior ............... ........................................................................................................................114.00/hou $98.00/hour PrStaff oject ............................................. r Senior ................................................................................................................158.00/hour 138.00/hour Associate Associate..................................... .........................................................................178.0 0/hou r ..................................................199.00/hour Support Services Word Processing/Clerical.............. Drafting g...............................................................................................................92.00/hour 71.00/hour `_- Editing Technical Editin g................................. Technician ................................. ..................................................................... 86.00/hour ......................................................................... Senior Technician.................................................................................................. 83.0 0/hou r Yy Prevailing Wage Field Services 100.00/hour Week Days (6 am to 5 pm)............................................................ Weekday Overtime (first 4 hours) 100.00/hour Week Nights (5 pm to 6 am), Saturdays (0 to 12 hours) 120.00/hour ........................................120.00/hour Sundays, Holidays, Other Overtime ....................................... I ..... ........... -150 00 Equipment Truck..................................... .......................... Automobile ................... ............... NuclearGaue.............. .................... I ......... ................. g........................................................................... Manometer .................... ............................................................. Slope Inclinometer ..............................................:. OthCoringMachine.......................................................................... er Equipment........................................................................ /hour . our ......... .... I............ 0.60/mile ......................... 80.00/day 25 DO/da y ........................ 50.00/day ..................... 200.00/d a y .......... Separate Schedule - 30Lc, ale inclusive of compensation, fringe benefits, overhead, insurance, supplies, communications, general administration, other overhead expenses, profits, fees and all out-of- pocket expenses other than those listed separately below. Subcontractor and subconsultant costs (laboratory, field equipment, etc.) are not Included. Outside direct costs such as equipment rental, outside services, and printing, copying, travel, 4 and subsistence .................................................. Cost + 15% For non prevailing wage Feld services provided by a staff engineer during night time (7 pm - 7 am) a $150 surcharge/ per night and a minimum per visit charge of 4 hours will apply. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. The rates will be subject to a minimum 5 percent escalation for services provided in subsequent years. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed bylaw, will be charged on past due invoices. Diaz•Yourman & Associates makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. K9DATAFLSIPHOPOSAld09\(19.0201(If3 SCHEDULE IAOC Ul49 YOURMAN . Position Actual Hourly Rate Junior Engineer Staff Engineer $26.44 to $30,56 Project Engineer $35.20 to $37.59 Senior Engineer $41.53 to $49.61 Principal $55,46 to $58,38 Fringe Benefits, Overhead, 192.40 Administration " Last audited overhead rate (2002 ACTA post project audit) Profit 10% Anticipated Yearly Fee Increase 5% " DYA's accounting system did not have the ability to break out benefits from other overhead costs at the time of our last audit. KMATAPLMPR0POSALq)9W -02B1O9 SGHEDULEtDOC STRUCTURAL & CIVIL ENGINEERS STRUCTURAL & CIVIL ENGINEERING SERVICES HOURLY BILLING RATES (Effective June 2008) Principal $200.00 - 240.00 Project Manager 140.00 - 195.00 Los Angeles Project Engineer 110.00 - 140.00 Newport Beach Design Engineer 90.00 - 110.00 CAD Designer 110.00 - 130.00 CAD Technician 70.00 105.00 Note: • Rates change annually. • Relmbursables billed at cost plus 15%. • Overtime rates are 1'/, times the above. 444 South Flower Street Suite 400 Los Angeles, CA 90071 T 213 596 4500 F 213 596 4501 Sze M 00= Eleccrical Engineers, Inc. Cl The Power Behind The Design OMB Electrical Engineers Hourly Rates Principal Lighting Designer Project Engineer Senior Designer Designer W CADD Draftsperson lid Word Processor 90 $150.00 $140.00 $125.00 $110.00 $ 90.00 $ 70.00 $ 50.00 8825 Research Drive • Irvine, CA 92618 • Phone 949.753,1553 • Fax 949,753.1992 • wwwOMBengrs.com 1 IR � „('., Archltocture • InteNors • Plannln Hourly Rates The hourly rates for DKY Architects are as follows: Architect - Principal $ 135.00 Architect - Project Manager $ 105.00 Project Architect $ 95.00 Structural Principal $ 125.00 Structural Engineer $ 110.00 Structural Draftsman $ 70.00 Electrical - Principal $ 175.00 Electrical- Associate $ 150.00 Electrical - Project Engineer $ 125.00 Electrical - Designer $ 85.00 Electrical Cadd Draftsman $ 65.00 Electrical- Clerical $ 35.00 Cadd Draftsman $ 8S.00 Clerical / Administrative $ 55.00 Expenses: All expenses shall be approved by the Client in advance and in writing. 11" X 17" reprographics shall be billed at $.12/ sheet All other reprographics shall be billed at $.16/sf Personal automobile use for project travel shall be billed at $.58.5/ mile Shipping, materials and equipment purchased, leased or rented by DKY Architects, specifically on behalf of the Client shall be billed at cost plus ten percent (10%). DKY Architects - 15375 Barranca Pkwy. Suite A-210. Irvine, CA 92618 P: 949-788-9223 - F: 949-788-0716 - E-mail: David@DKYArchitects.com Architecture - Planning - Interiors a CONVERSE CONSULTANTS Schedule of Fees Environmental Personnel Introduction ,w It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed In a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31, 2010, Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Soils Technician $ 65 Senior Soils Technician 5 Supervisory Soils Technician 90 Professional Services (Field and Office) Staff Professional 70 Senior Staff Professional tt5 Project Professional 97 Senior Professional 197 t? Principal Professional 125 Princloals/Consultants 160 Office Support ClericaJi Processing $63 Drafting CAD Operator/Drafting Manager 62 7 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked was seven continuous eight hours per day in one work week, not counting vacation or sick leave within the week. Travel time to and from the jab site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc,) for individuals on projects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent. _ 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty—five cents per mile for company - owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Con verse may immediately cease work hereunder until said payment, together with a service charge at the rote of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at ils sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. ase Converse Consultants EP2009