MEGT INC. - 2012 - Laserfiche WebLink

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Landscape Design Proposal City of Santa Ana Parking Structure 1-4 Page-3-of4 to copy all final colored documents in slide and print format. Concepts and plans not used by the Client on this project shall remain the property of the Consultant. Credits /Acknowledgments The Consultant shall be given proper credit and acknowledgements for all services incuding, but not limited to planning, design and implementation. Proper credit shall be defined as being named by the Client or their agent /Client in such media as project identification boards, published articles or promotional brochures and interviews and press releases to newspapers, professional journals and other similar publications. Arbitration a. Any controversy or claim arising out of or relating to the formation, interpretation, application, enforceability, or breach of the Agreement, including disputes as to which person or entities may be liable hereunder, shall be settled by arbitration in California in accordance with rules of procedure of the American Arbitration Association. The judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in any such arbitration shall be entitled to recover arbitration costs and reasonable attorney's fees, as determined by the arbitrator(s), in addition to any other relief available. b. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 4. Termination It is understood that these services may be terminated upon ten (10) days written notice for good reason by either party. In this event, the Consultant shall be compensated for all services performed to termination date at the rates set forth above, together with reimbursable expenses then due. 5. Successor and Assigns It is mutually understood and agreed that this Contract Agreement shall be binding upon the Client and its successors and assigns and upon the Consultant, its successors and assigns. Neither party shall assign nor transfer its interest in this Agreement or any part thereof without the written consent of the other parry. G. Additional Services Biding and negotiation Construction Observation Additional Services shall be provided on a time basis computed as follows: Time Charges Marjaneh Afkhami Assistants Hourly Rates $ 90/ Hr. $65-$ 75/ Hr. The hourly rates above are subject to change on December 31 of the calendar year. Additional Services inGude but are not limited to: Work requested and or authorized by the Client not defined in the Scope of Services or revisions and changes in approved drawings and the preparation of alternatives or deductive change orders requested by the Client. Preparation of as-built drawings or of measured drawings or existing conditions. Additional work performed due to lack of performance, default, insolvency, errors and/or omissions by either other consultants or contractors retained by the Client and due to no fault the Consultant. Prepare revised plans or change orders due to delays in construction as a result of natural disasters, extended poor weather conditions or contractor Performance. -3-