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06-098, MPA Design 0' -0 9 R AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN THE CITY OF CUPERTINO AND MP A DESIGN ptJ jlJ;2 4? 2- THIS AGREEMENT is made and entered into this 14th day of November, 2006 by and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY, and MPA Design, hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY OF CUPERTINO desires to obtain Landscape Architectural Design, and Construction consultant services for Memorial Park Softball Field Improvements; and WHEREAS, MP A Design has the necessary professional expertise and skill to perform landscape architectural services re~uired. NOW, THEREFORE, the purpose of this Agreement is to retain MP A Design as CONSULTANT TO THE CITY to perform those services specified in Exhibit A of this Agreement. THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Scope of Services. CONSULTANT shall perform those services specified in detail in Exhibit A, entitled "Scope of Work", which is attached hereto and incorporated herein. Section 2. Term of Agreement. The term of this AGREEMENT shall be from November 14,2006, and continue through January 31, 2007, inclusive, subject to the provisions ofthe Proposal marked Exhibit A, ofthis AGREEMENT. In the event that the services called for under this AGREEMENT are not completed within the time specified above, the City Manager may extend the time for.completion. This section does not preclude the recovery of damages for delay by either party. Section 3. Schedule of Performance. The services of CONSULTANT are to be completed according to the schedule set out in the Proposal marked Exhibit A, which is attached hereto and incorporated herein. Page 1 of 12 BASIC AGREEMENT CONSULTANT is not responsible for delays beyond CONSULTANT'S reasonable contro 1. Section 4. Compensation. The compensation to be paid to CONSULTANT for professional services and reimbursable expenses shall not exceed $10,300.00 (Ten Thousand Three Hundred dollars) The rate and schedule of payment is set out in the Proposal marked Exhibit A, which is attached hereto and incorporated herein. Any additional service required will be negotiated and an additional service directive will be issued to the CONSULTANT prior to any additional work. Section 5. Method of Pavment. Upon completion of each task, as specified in Exhibit A, the CONSULT ANT shall furnish to the CITY a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase. Section 6. Independent Contractor. It is understood and agreed that CONSULTANT, in the performance of the work and services agreed to be performed by CONSULTANT, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CITY'S employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Section 7. No Third party Rights. CONSULTANT'S services under this agreement are intended for the sole benefit of CITY and shall not create any third party .rights or benefits. Basic Agreement Page 2 of 12 BASIC AGREEMENT Section 8. Proiect Coordination. (a) CITY: The City Manager shall be representative of CITY for all purposes under this agreement. Ralph Qualls, Director of Public Works, is hereby designated as the CITY PROJECT MANAGER for the City Manager, and shall supervise the progress and execution ofthis agreement. (b) CONSULTANT: CONSULT ANT shall assign a single CONSULTANT PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. David Nelson is hereby designated as the PROJECT MANAGER for CONSULTANT. Should circumstances or conditions subsequent to the execution of this agreement require a substitute CONSULTANT PROJECT MANAGER for any reason, the CONSULTANT PROJECT MANAGER designee shall be subject to the prior written acceptance and approval ofthe CITY PROJECT MANAGER. Section 9. Assignability / Sub consultants / Emplovees. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement or the performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No sub consultant of CONSULTANT will be recognized by CITY as such; rather, all sub consultants are deemed to be contractors of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its collective professional attention to the fulfillment of the provisions of this agreement by all of its employees and sub consultants, ifany, and shall keep the work under its control.' If any employee or sub consultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, Basic Agreement Page 3 of 12 BASIC AGREEMENT such employee or sub consultant shall be discharged immediately from the work under this agreement on demand ofthe PROJECT MANAGER. Section 10. Indemnification. CONSULTANT shall defend, indemnify, and hold harmless CITY, its officers, agents . and employees of any and all claims, loss, or liability arising out of or resulting, in any way, from the work performed under this Agreement to the extent due to the negligent acts (active or passive) or omissions by CONSULTANT'S officers, employees, or agents. The acceptance of said services and duties by CITY should not operate as a waiver of such right of indemnification. This provision of Section 9 shall survive the term of the AGREEMENT. Section 11. Insurance Requirements. The CONSULT ANT shall maintain at all times during the performance of the Agreement the following insurance and endorsements: A. Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The policy shall contain an endorsement waiving all rights of subrogation against the City, its officers, officials, employees or volunteers. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non-owned vehicles and shall not be less than two million dollars ($2,000,000.00), combined single limit for anyone occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars Basic Agreement Page 4 of 12 BASIC AGREEMENT ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) Consultant shall also provide aggregate limits endorsement and primary insurance endorsement. 3. Professional liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1,000,000.00) per claim, and two million dollars ($2,000,000.00) in the aggregate. C. Additional Insurance Provisions 1. The CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. The general and auto liability policies shall be endorsed to name the CITY, its officers, officials, employees or volunteers as insureds for liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Generalliability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and Contractor's Protective Liability Policy, or on the Entity's own form. 3. The general, auto, and professional liability policies shall be endorsed to provide primary insurance coverage for all claims related to the services provided under this contract. 4. CONSULT ANT shall furnish to the CITY within 15 days following the execution of this Agreement, the required certificates and endorsements. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days written notice to the CITY. 5. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Manager of the City of Cupertino as to form and content. Basic Agreement Page 5 of 12 BASIC AGREEMENT These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Section 12. Nondiscrimination. CONSULT ANT shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement. Section 13. Termination. A. CITY or CONSULTANT shall have the right to terminate this Agreement without cause, by giving not less than thirty (30) days written notice of termination. B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, CITY may terminate this Agreement upon thirty (30) days written notice if consultant fails to take steps to correct such failure within the notice period. C. CITY'S City Manager is empowered to terminate this Agreement on behalf of CITY. D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed by CONSULTANT under this Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for services performed and reimbursable expenses incurred to the date of termination. Section 14. Governing Law. CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State of California. Section 15. Compliance With Laws. Consistent with its professional standard of care, CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Basic Agreement Page 6 of 12 BASIC AGREEMENT Section 16. Confidential Information. All data, documents, discussions, or other information developed or received by or for CONSULTANT in performance ofthis Agreement are confidential and not to be disclosed to any person except as authorized by the CITY, or as required by law. Section 17. Ownership of Materials. All reports, documents, or other material developed or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the services required hereunder shall be and remain the property of CITY to be used solely for this PROJECT. Hard copies of consultants work product shall constitute the project deliverables. Electronic documents, if any, shall be provided as a courtesy only without any warranty or guarantee. The CITY holds CONSULT ANT harmless for any reuse of or modification to the documents. Section 18. Waiver. CONSULT ANT agrees that waiver by CITY of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by CONSULTANT shall not be deemed to be a waiver of any term or condition of this Agreement. Section 19. Consultant's Books and Records. A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT pursuant to this Agreement. B. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for,a minimum period of three (3) years, or for Basic Agreement Page 7 of 12 BASIC AGREEMENT any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONSULTANT'S address indicted for receipt of notice in this Agreement. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULT ANT'S business, CITY may, by written request by any of the above-named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT'S representatives, or CONSULTANT'S successor-in-interest. Section 20. Interest of Consultant. CONSULT ANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, fmancial or otherwise, which would conflict in any manner or degree with the performarlce of the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, no sub consultant or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deemed an independent CONSULT ANT and not an agent or employee of CITY. Basic Agreement Page 8 of 12 BASIC AGREEMENT Section 21. Gifts. A. CONSULTANT is familiar with CITY'S prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in the City of Cupertino Administrative Procedures. B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by CONSULTANT. In addition to any other remedies, CITY may have in law or equity, CITY may terminate this Agreement for such breach as provided in Section 13 of this Agreement. Section 22. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: Bob Rizzo Assistant Director of Public Works City of Cupertino 10555 Marry Avenue Cupertino, CA 95014 408 777 3269 To CONSULTANT: David Nelson MP A Design 414 Mason Street San Francisco, CA 94102-1719 415-434-4664 415-434-4665 FAX Notice shall be deemed effective on the data personally delivered or, ifmailed, three (3) days after deposit in the mail. Section 23. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or Basic Agreement Page 9 of 12 BASIC AGREEMENT where otherwise appropriate, exclusively in the United States District Court for the Northern District of California, San Jose, California. Section 24. Agreement Binding/Prior Agreements and Amendments. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and sub consultants of both parties. This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this Agreement. Section 25. Costs and Attornevs Fees. The prevailing party in any action brought to enforce the terms ofthis agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. Section 26. Electronic Transmission of Information. From time to time, the CONSULT ANT may transmit design or other information to the CITY, CITY'S Representative, or Contractor via electronic transmission. The CITY, CITY'S Representative, or CONTRACTOR shall not be e~titled to and hereby agrees not to alter or modify any such information without the express written consent of the CONSULTANT. Similarly, the CITY, CITY'S Representative, and Contractor shall not use any information for any purpose not expressly covered by this Agreement. The CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, CITY'S Representative, and Contractor and shall be entitled to appropriate additional compensation in the event retransmission or recreation is required. Basic Agreement Page 10 of 12 BASIC AGREEMENT Notwithstanding the foregoing, the Contractor may use electronically transmitted information to prepare submittals, as-built drawings and record drawings. CONSULT ANT shall not be responsible for any changes made by the CONTRACTOR or for the CONTRACTOR'S work product. Section 27. Job Site Safety. In no event shall CONSULTANT be responsible for job site safety issues. Such issues shall be the responsibility of the Construction Contractors, who shall be required by CITY to defend, indemnify, and hold harmless CONSULTANT and CITY for such Issues. Section 28. Dispute Resolution. Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable law. Basic Agreement Page 11 of 12 BASIC AGREEMENT WITNESS THE EXECUTION HEREOF on the day and year first herein above writt NOTARY PUBLIC CERTIFICATION State of California County of SAN FRANCISCO On_d3~!; III_ml'-lt/I_~, before me, I~ L .:.. "d' ,-1.:3 S-. 13 e-- r<.. C; 2 R. Notary Public, personally appeared ('I) I f'l'JA t:; L f~ I.VTt.e tl known to me (o!J~!Q..ved to_Ql~~e basi!>. of satisfactory evidence) to be the person (s) whose name (s~1 are subscribed to the within instrument and acknowledged to me that@"~;1 she 1 they executed the same in~/ her 1 their capacity (~ and that by &1 her 1 their signature (:s') on the instrument the person (s.) or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. 16~""'k S-);1~v Signature of Notary " ic Basic Agreement CITY OF CUPERTINO a~'ciP.~rpora 'on By: _.~ " , City Manager, Dave Knapp rrf p 032492 date(( .2'1.0~ Attest:1!r/~1~_ 11-;}7~ City Clerk, Kimber\'f Smith 10300 Torre Avenue Cupertino, CA 95014 408 777 3223 CONSULTANT MP A Design By: ~r<2~ Date: /I.2ft 06 ,2006 !tA.PAtNrre-(2 Title: ,pn,6$/~r Tax J.D. No.: Name: Contract Amount: $10,300.00 Account No.: 420-9121-9300 C:PP BLANCHE S. BERGER ~ COMM. 111426711 C/) NOT ARY PUBLIC - CALIFORNIA SAN FRANCISCO COUNTY :: My Comm, Expires July 21,2007 m : 1[[ : _ :~ o Page 12 of 12 !v1PA Design EXHIBIT A ! ;r~.I...L...( 'tr"l' :\r,.-iH!1.:, ..~ <, I :,_: I 1 :,.. "c' c." ~ 14 .'..-Lt~,! ",n ....'tic'-! ~. l""i Fr:Ht~'J~'--(', < /~ ':J41'~~2:~ 17- ji.'J .~ 1'::, ..;; ~4.4f~ll>4 j'",\ X 41;; -1 ~.4.';h\'.~~ October 26.2006 Bob Rizzo, Assislanl Dire('to!" of PubJk Wurks 10555 Mary Avenue CupL'nino, CA ();OI4 Subject: Cupertino Memoriall.ark Softball Field Improvements Landscape Architectural Sen'ices Dear Boh: We would be pleased to provide landscape architectural services for the McmoI;al Park Softball Field Impro\'cmcnls located in Cupcltino. CA. We understand the iment of this project is to improve drainage 10 the softball outfield, de:'lr and grub Ihe existing twf and weeds, reconstruct the infield gravcllimll and reset bZl.ses (with allli-skid pads), install a direct bury QCV behind the pitchers mound. rc- conlour the oUlfield for positive drainage. install a new ('~~ltch basin at light Held near the redwood-connection 10 the parking Jot drainage :;ystem, and provide subdrain line along outfield line, disconnect ilTigarion heads in centerfield from pCJimelCr system and reC'onne(.~t to infield valves, sod or seed fierd. We understand the schedule is tc) receh'c the survey (Ward Survey) provided under a separate city authorization and proceed with plans and specs to be complete carly December for bidding. In this proposal, the words "Cliene or "Architect" refer to City of Cupertino, and the words "Consultam" or "Landscape Archilect" refer 10 MPA Design. a California ('ol1)oration. 4 14 !\1ason Street, Suite 700, Sun Fr~lI1cisco, CA 94102. I. SERVICES A. Contract Documents Based on scope of work described ::lbovc and constmction budget prepare construction drawings and specifications, Present plans and $pecs HI 751'+ ..md lOork completion. Incorporate City Review comments. '~_~~~1~:~'" ......"Jl) j.'r ~U\- ,"'U \\ ,hUT ( l':d, October 26. 2006 Bob Rizzo "I I. Working Drawings a. Grading Plan - establish finished grades for work within the coilsuh<lnts scope of work. J. Provide finished grades for planting areas, infield regrade. outfield leveling, and drainage sw:dc along jirst h,lsl.." line b:lscd on gr:H..ks provided by till" di~ survey. ii Provide catch basin, pCJfoTated subdrain pipe and cOllne~~lions to existing parking lot drain. Re)xlir construction trench to drain if occurs. b. Planting (sod or seed) Plan und Details c. Irtigation (infield QCV) Plan and Details d. Field layout. bases Plan and Details. 1 Specifications: (echoical sections for work designed by the consult:.uil. 3. Order of mtlgnitude construction estimate. B. Construction Consultation I. Site Visits: The Landscape Ar~hitect shull visit the site ut intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to detcmline in generul if the work is proceeding in :.lccordance with the contract document:;. ., MP A to attend four visits including: construction review meetings, site observation meetings, punch list and final review. ~. Review submittals and shop drawings. lJ. COMPENSATION :\. Fonhc ;jbove professional scrdces. the Landscape Architect shall be paid a lump sum of $9,800.00 plus reimbursable maximum $500.00. Tbtal: $10.300.00 October 26. 2006 Bob Rizzo 3 B. The foJlowing direct project costs to the Landscape Architect will be reimbursed at cost plus 101((; abo\'c the lump sum to m.Lximum $500. l. ") Plinting. reproduction and plotting Freight, postage .md delivcry Transportation Te lephonc/fax Pholography. phulocnpying and photoscanning CAD plots and file conversion and distribution .. .,. 4, 5, 6. m. PAYMENT A. ;vfonthly invoiccs sh:.lIl be submitted by the Landscape Archilecl hased upon percentage of work completed during the month. j\'1onthlyinvoices shall not exceed the following percentage amounts unlil the particular phase is accepted by the Client. Construction Cunsultation Phase 75% Phase $5.500.00 100% Phase $3,100.00 $1.200.00 Contract Document Plmse B. P'lymcnt shall be due from the Client within 30 days of receipt of lhe invoice. 1.3% interest per month will be applied to balances unp.lid aflcr 30 days. C. MPA Design's policy requires monthly payments forprofc5sionaJ services and expenses performed to date. The maximum allO\~'able finance charge in the State of California will be added to invoices not paid within sixty (60) d.1YS of submission. Delinquent accounts may be wmed over to a third party for collection' and a reasonable cost of collection added to the invoice. IV. LANDSCAPE ARCHITECT'S ADDITiONAL SERVICES The following services c.lUse the Landscape Architect extra ex.pense. If any of these services are authorized by the Architect they shnll be reimbursed to the Landscape Architect at the anached billing rates unless otherwise indicated. ;\. Revising prcviou~ly <lpprovcd drawings, construction budgets. and/or spec.'ificmions to accomplish budget reductions and/or design changes requested by the Client. Oerober :26. 2006 Bob Rizzo -! B, Preparing documents for alternate bids or change orders initiated by the Owner. C. :\rranging for work to proceed should the Construction Contractor default due to delinquency or insolvency. D. Puhlic ag.ency or citizen panicipal ion meeti ngs. E. Prepaling documents for more than one phase of construction, including the fasllraeking of a single construction project if it requires issuing of contract documents for bidding at separate times. F. Record .Is-built dr~l\\'ings. G. Models. professional renderings or photo montages. V. ITEMS SUPPLIED BY THE CLIENT The Client shall supply the Landscape Architect with the following prior to the Landscape Architect's commencing work upon which s.lid information is based. A. An up-to-dme. accurme topographic survey of the existing site which also shows existing utilities, adjacent street grades, underground utilities and site boundary information. If existing trees or other plantings arc to be retained, the survey pl:1n shall indicate the Ollter edge of the tree or shruh canopy, trunk location. caliper and spot elevation at grade neX110 tree trunk and lype of tree. B. Soils rcpmt or if required, luhoratory analysis of topsoil, water or other mateli~lls. C. Applicable architectural and engineering drawings and spccificulions throughout the development of this project. VI. \VORK NOT INCLUDED A. Contra,:I Document Phase: ]. Site utilities su~'h as water.. gas and elecuicaJ service 2. Site lighting plan 3. Site gwphics ..t, Parking lot and roads Ol:toher 26, ]006 Bob Rizzo 5 B. Pemlit fees for City submittals. We n(lpc this proposal meets the requirements anticipaled for the Cupertino Memorial Park Softball Field Improvements project. If I can clarify or discuss any item with you ftinher. please do not hesitate 10 comact me. 'Yours "cry lruly. \1PA Design Odlw~ David W. Nelson Principal O(:tober 26. 2006 Boh Rizzo 6 Following is the hourly rale schedule thm will he in effect from Janunf)' I. 2006 to December 3 J . 2006. BILLING RATES Plincip;d (Pre;;,idcn!) PIincipalIVice PreskJem Principal Associ ate Project Manager/Senior Designer Intermedi.lte SLaff/CAD Operator Sr. Word Processors/Jr. Staff Jr. Word Processors/Clerical Rate per Hour $185.00 170.00 150.00 110.00 JOO.OO- 105.00 90.00- 95.00 85.00 60.00 , The following direct project costS to the Landscape Architect will be reimbursed ~t cost above the lump sum or hourly mle maximum fee for any additional service work. I. Printing, reproduction tmd photography .., Freight and delivery 3. Transportation and living expenses when lruveling in connection with the work 4. Telephone und telefax 5. Fecs paid for securing approval of authorities having jurisdiction over the work In the event of any increase of costs due LO the granting of wage increases and/or orhcr employee benefits to ofjjl~e employees due to the terms of any labor agreement, or risc in the cos.t of living, during the lifetime oflhisagrecment. such percentage increase shall be applied to the above hilling rates for all remaining additional compensation following the date of sllch increase in costs.