BUILDING NETWORKS, INC. - Laserfiche WebLink

Home Browse Search

Terms and Conditions The terms and conditions contained herein will be considered part of this contract of services between City of Santa Ana ("Client") and Building Networks Group ("Consultant"). Terms of Payment Services rendered will be invoiced according to the terms set forth in the Professional Fees section of this proposal. Accounts shall be payable and due within net 30 days from date of invoice. Any disputes shall be provided in writing indicating reasons for disputes by Client. Payment of invoices shall not be contingent upon and independent of receipt of outstanding remittance to Client by others. Overdue payments, exceeding thirty (30) days from date of invoice, shall be subject to an eighteen percent (18%) annual interest rate. Any fees incurred in the pursuit of outstanding payments due will be charged back to Client. Consultant reserves the right to suspend services until outstanding payments are received from Client. Indemnification Documents prepared by Consultant ("Contract Documents") under this contract shall be used forthe sole purposes of this engagement. Client agrees to indemnify Consultant of all costs and claims arising from use of contract documents for purposes other than the terms of this agreement. Client agrees to indemnify Consultant of all expenses incurred due to legal actions for proven negligence under contract. Consultant's liability for proven negligence, errors or omission, shall not exceed the fees paid to Consultant. Arbitration All fees incurred by Consultant to assist with the prosecution of any claim by Client shall be reimbursed at the current hourly rate schedule. Disputes Both parties agree to settle any disputes arising from services rendered under this agreement in good -faith mediation prior to legal actions or arbitration. If a resolution cannot be reached within sixty (60) days, either party may pursue arbitration conducted in accordance with the current Construction Arbitration Rules of the American Arbitration Association and the federal Arbitration Act. All costs incurred from resolution of disputes shall be borne equal between both parties. Consultant shall be exonerated of services rendered after three (3) years from date of substantial completion or final invoice, whichever is sooner. HVAC Life Cycle Replacement Scoping Study City of Santa Ana :r-BUILDING r.� :XMINETW0RKS Jurisdiction This agreement shall be governed in accordance with the laws of the State of California. Any legal proceedings pursuant of enforcement of this agreement shall preside in Los Angeles, California in the United States District Court for the Central District of California and the California Superior Court for Los Angeles. Standard of Care Consultant hereby takes liability to provide a reasonable Standard of Care to Client for service rendered under this agreement. Any delays or failures in performance due to reasonable unforeseen conditions including, natural disasters, labor disputes, acts of war or terrorism, intervention by government authority, or acts of God, both parties shall not be held liable. Both parties agree to remedy the situation as soon as reasonably possible. Agreed and Accepted by: City of Santa Ana (Client) By: (Signature) Name: (Print or type) Title: (Print or type) Date: (Print or type) Agreed and Accepted by: Building Networks Group (Consultant) By: (Signature) Name: Jun Yang, PE. HEED AP (Print or type) Title: Managing Principal (Print or type) Date: July 7. 2020 (Print or type) Page 16 Revised 07/07/2020