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NABIH YOUSSEF City of Santa Ana Plan Check-10733.01
<br />ASSOCIATES Proposal for Structural Engineering Consulting Services
<br />December 15.2010
<br />STRUCTURAL. ENGINEERS Page 3 of 4
<br />TERMS AND CONDITIONS
<br />E,fjeedw 91112008
<br />1. FEES FOR PROFESSIONAL SERVICES BY NYA EMPLOYF,ES - HOURLY
<br />Fees for services, including travel time, are based on the time expended on the project by professional, technical, and clerical personnel.
<br />The fee is computed by utilizing NYA's current fee schedule.
<br />2. REIMBURSABLE EXPENSES
<br />Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 150%. These expenses
<br />include such items as out-of-town travel expenses, long distance telephone charges, useof personal and recital cars, special fees and permits,
<br />premiums for additional or special insurance where required, computer expenses resulting from the use of outside vendors, etc.
<br />3. RETAINERS
<br />Any retainer paid will be applied toward the last invoice for the project.
<br />4. SERVICES BY OTHERS
<br />When considered necessary, other technical firms-or outside consultants may be used with your approval and the cost of such services, plus
<br />ten percent (10%), will be included in our invoice. Unless specifically agreed to in writing, NYA has retained no consultants for this
<br />project.
<br />5. ACCESS TO SITE
<br />Unless otherwise stated, NYA will have access to the site for activities necessary for the performance of the services.
<br />6. RISK ALLOCATIONS
<br />In recognition of the relative risks, rewards and benefits of the project to both the client and NYA, the risks have been allocated so that the
<br />client agrees that, to the fullest extent permitted by law, NYA's total liability to the client, for any and all injuries, claims, losses, expenses,
<br />attorney's fees and expert fees, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed
<br />$50,000. Such causes include, but are not limited to, NYA's negligence, errors, omissions, strict liability, breach of contractor breach of
<br />warranty. Higher limits may be available at additional cost prior to commencement of services.
<br />7, HOUSING INT)ENINIFICATION & R'AIVER
<br />Client acknowledges the risks to Consultant inherent in housing projects, the disparity between Consultant's fee and Consultant's potential
<br />liability for problems or alleged problems with such condominium projects, and the higher risk that there will be litigation brought by the
<br />housing owners or an association of said owmrs ("Owner Actions!). Accordingly, Client agrees, to the fullest extent permitted bylaw, to
<br />indemnify the Consultant, its officers, directors, employees (collectively, "Consultant) against all damages, liabilities or costs, including
<br />reasonable attorneys' fees and court costs ("Claims'), as a result of Owner Actions, except for those Claims arising from allegations of, or
<br />Consultant's sole negligence, and/or willful misconduct in the provision of Consultant's professional services.
<br />8. PAWsIENTS TO ENGINEER
<br />Invoices will be submitted monthly for the prior month's services. Payment is due upon the invoice date and becomes delinquent thirty (30)
<br />days thereafter. In the event of non-payment, NYA may, without waiving any of the claims or rights against you, and without liability
<br />whatsoever to you, tenninate performance of the services. A late charge will be added to delinquent amounts at the rate of one-and-one-
<br />half percent (I-1/2%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable
<br />by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be die maximum
<br />amount allowable in that state). All attorney's fees and expert fees, NYA's time, and costs shall be recovered by the prevailing party should
<br />litigation be required to collect payment.
<br />9. OTHER PROVISIONS
<br />It is understood that NYA will not provide design and construction review services relating to safety precautions, means, methods,
<br />techniques or sequences of any contractor or subcontractor on the project. Further, it is understood that NYA will not provide any
<br />supervisory services relating to the constriction ofthe project.
<br />Any opinion of construction cost offered by NYA represents the judgment of a design professional and is supplied for your general
<br />guidance, but NYA does not guarantee the accuracy of its opinion as compared to actual contractor bids or actual cost to the owner.
<br />10. TERAMNATION
<br />This agreement may be terminated by either party by seven (7) days' written notice to the other in the event of a substantial failure of
<br />performance by the other party through no fault of the terminating party. If this agreement is terminated, NYA shall be paid for services
<br />performed to the termination notice date, including reimbursable expenses due.
<br />H. OWNERSHIP OFDOCU?INLENTS
<br />The drawings, calculations and specifications are instruments ofseMce and are, and shall remain, the property of NYA, whether the project
<br />for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in
<br />writing and with appropriate compensation to NYA.
<br />12. VENUE
<br />This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The venue of any action brought to
<br />interpret or enforce any of the terms of this agreement or otherwise adjudicate the rights or liabilities of the parties hereto shall be in Los
<br />Angeles County, California.
<br />50 California Street, Suite 3150, San Francisco, CA • Phone (415)397-5213 -Fox (415)392-9605 • WWW.NYASE.COM
<br />LOS ANGELES IRVINE SAN FRANCISCO
<br />20A-15
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