Page 16 - Bernardon Response to Request for Proposal-Dennis Farm

TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES OF BERNARDON
January 1, 2021

1. Hourly Rate Schedule: 5. Construction: Bernardon will not have shall include, but are not limited to, payments,
Principal $216.00 control or charge of and shall not be expenses, or costs involved, arising from, or
Director $216.00 responsible for construction means, methods, alleged to have arisen from the Contractor’s
Associate Principal $196.00 techniques, sequences, or procedures, nor for performance or the failure of the Contractor’s
Director of Interior Design $196.00 safety precautions or programs in connection work to conform to the design intent and the
Associate $178.00 with the Work, for the acts or omissions of the contract documents. Bernardon agrees to be
Senior Project Director $168.00 Contractor, Subcontractors, or any other responsible for its employees’ negligent acts,
Project Director $156.00 persons performing any of the Work, or for the errors, or omissions, subject to the limitations
Project Architect/Project Manager $146.00 failure of any of them to carry out the Work in of these Terms and Conditions, including, but
Architect/Senior Designer $136.00 accordance with the Contract Documents, not limited to, paragraphs 12, 13, 14, 15, and
Landscape Architect $126.00 regardless of whether Architect provides 16 below.
Designer III $116.00 construction phase observation or
Designer II $106.00 administration services; provided, however, 8. Construction Cost: Bernardon cannot and
Designer I $ 96.00 Bernardon will promptly inform Owner of any does not warrant or represent that bids or
Office Assistant $ 84.00 Work which does not conform with the negotiated prices will not vary from the
Rates are subject to change annually. Drawings and Specifications when such non- Owner’s project budget or from any estimate of
conformance is observed. The Contractor shall construction cost or evaluation prepared or
2. Reimbursable Expenses: Reimbursable be solely responsible for performance of the agreed to by Bernardon.
expenses (such as permits, prints, additional Work, including adherence to the requirements
consultants, overnight deliveries, travel, etc.) of Bernardon’s Drawings, Specifications, and 9. Ownership of Documents: Drawings and
will be invoiced based upon actual costs Contract Documents. The Owner expressly Specifications as instruments of service are and
expended times a multiplier of 1.10. Mileage agrees that this provision shall be included in shall remain the property of Bernardon whether
will be charged in accordance with the standard the contract between the Owner and its the Project for which they are prepared is
IRS rate. In-house reproduction expenses Contractor(s) for this Project. executed or not. The Owner will be permitted
incurred in the interest of the project will be to retain copies of Drawings and Specifications
invoiced as follows: 6. Review of Submittals: If included in the for information and reference in connection
Large Format Printing B&W Color scope of Bernardon’s services, Bernardon shall with the Owner’s use and occupancy of the
18x24 $2.80 $4.20 review and take appropriate action upon Project provided Bernardon has been paid in
24x36 $3.30 $7.80 Contractors' submittals (such as shop drawings, full for its services pursuant to this Agreement,
30x42 $4.00 $9.40 product data, and samples), but only for the including any additional services requested by
Standard Printing: B&W Color limited purpose of checking for conformance the Owner. The Drawings and Specifications
11x17 $0.28 $0.50 with information given and the design concept shall not be used on other projects, or for
8½ x11 Single $0.15 $0.25 expressed in Bernardon's Drawings, completion for this Project by others, except by
$0.15 $0.25 Specification, or Contract Documents. Review agreement in writing and with appropriate
Rates are subject to change annually. of such submittals is not conducted for the compensation to Bernardon.
purpose of determining the accuracy or
completeness of other details, such as 10. No Impermissible Use of Bernardon’s
3. Payments to Bernardon: Bernardon will Instruments of Service: Bernardon's
submit monthly invoices for payment, in dimensions and quantities, or for substantiating Drawings, Specification, or Contract
proportion to services performed, and the instructions for installation or performance of Documents shall not be altered or modified in
Owner shall make payment upon receipt. For equipment or systems designed by the any way. In the event the Owner (or any
any outstanding invoices beyond thirty (30) Contractor, all of which remain the person or entity acting on behalf of Owner)
days of the invoice date, interest will be responsibility of the Contractor to the extent uses Bernardon's Drawings, Specification, or
charged at a rate of 1.5% per month. Within required by the Contract Documents. Contract Documents in violation of this
five (5) days of receipt of invoice, Owner shall Bernardon's review shall not constitute Agreement, the Owner releases Bernardon and
notify Bernardon in writing of any problems approval of safety precautions or of Bernardon's Consultants from all claims and
with the services of Bernardon that would limit construction means, methods, techniques, causes of action arising from such use(s). The
or impede Owner’s ability to remit payment for sequences or procedures. Bernardon's review of Owner, to the extent permitted by law, further
said services within thirty (30) days. If Owner a specific item shall not indicate approval of an agrees to indemnify and hold harmless
has not made payment to Bernardon within assembly of which the item is a component. Bernardon and its Consultants from any and all
forty-five (45) days, Bernardon reserves the When professional certification of performance costs and expenses, including the cost of
right to discontinue services. Bernardon’s characteristics of materials, systems or defense, related to claims and causes of action
discontinuation of services shall be without equipment is required by Bernardon's asserted by any third person or entity to the
liability for consequential or other damages Documents, Bernardon shall be entitled to rely extent such costs and expenses arise from the
resulting from the stoppage. Bernardon shall upon such certification to establish that the Owner's impermissible use, alteration or
be reimbursed for all legal and other reasonable materials, systems, or equipment will meet the modification of Bernardon's Documents under
costs related to collection of past due amounts. performance criteria required by Bernardon's this paragraph.
Documents. Bernardon agrees to review
4. Termination or Suspension: This submittals within ten (10) business days upon 11. Standard of Care: Notwithstanding any
agreement may be terminated by either party receipt of submittal. other provisions in this agreement to the
upon seven days’ written notice should the 7. Design Without Construction Review: It contrary, nothing herein contained shall be
other party fail substantially to perform in is agreed that if the professional services of construed as: (A) Constituting a guarantee,
accordance with its terms through no fault of Bernardon do not extend to or include the warranty, or assurance, either expressed or
the party initiating the termination. In the event review or site observation of the Contractor’s implied, that the professional services will yield
of termination not the fault of Bernardon, work or performance, the Owner will defend, or accomplish a perfect outcome for the
Bernardon shall be compensated for all services indemnify, and hold harmless Bernardon from project; or (B) Obligating Bernardon to
performed and reimbursable expenses to any claim or suit whatsoever. Such claims exercise professional skills and judgment
termination date. greater than that which can be reasonably

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