Page 12 - Bernardon-Plantation Square Medical Office Campus RFP Submission

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

1. Hourly Rate Schedule: 5. Construction: Bernardon will not have expenses, or costs involved, arising from, or
Principal $216.00 control or charge of and shall not be alleged to have arisen from the Contractor’s
Director $216.00 responsible for construction means, methods, performance or the failure of the Contractor’s
Associate Principal $196.00 techniques, sequences, or procedures, nor for work to conform to the design intent and the
Director of Interior Design $196.00 safety precautions or programs in connection contract documents. Bernardon agrees to be
Associate $178.00 with the Work, for the acts or omissions of the responsible for its employees’ negligent acts,
Senior Project Director $168.00 Contractor, Subcontractors, or any other errors, or omissions, subject to the limitations
Project Director $156.00 persons performing any of the Work, or for the of these Terms and Conditions, including, but
Project Architect/Project Manager $146.00 failure of any of them to carry out the Work in not limited to, paragraphs 12, 13, 14, 15, and
Architect/Senior Designer $136.00 accordance with the Contract Documents, 16 below.
Landscape Architect $126.00 regardless of whether Architect provides
Designer III $116.00 construction phase observation or 8. Construction Cost: Bernardon cannot and
Designer II $106.00 administration services; provided, however, does not warrant or represent that bids or
Designer I $ 96.00 Bernardon will promptly inform Owner of any negotiated prices will not vary from the
Office Assistant $ 84.00 Work which does not conform with the Owner’s project budget or from any estimate of
Rates are subject to change annually. Drawings and Specifications when such non- construction cost or evaluation prepared or
conformance is observed. The Contractor shall agreed to by Bernardon.
2. Reimbursable Expenses: Reimbursable be solely responsible for performance of the
expenses (such as permits, prints, additional Work, including adherence to the requirements 9. Ownership of Documents: Drawings and
consultants, overnight deliveries, travel, etc.) of Bernardon’s Drawings, Specifications, and Specifications as instruments of service are and
will be invoiced based upon actual costs Contract Documents. The Owner expressly shall remain the property of Bernardon whether
expended times a multiplier of 1.10. Mileage agrees that this provision shall be included in the Project for which they are prepared is
will be charged in accordance with the standard the contract between the Owner and its executed or not. The Owner will be permitted
IRS rate. In-house reproduction expenses Contractor(s) for this Project. to retain copies of Drawings and Specifications
incurred in the interest of the project will be for information and reference in connection
invoiced as follows: 6. Review of Submittals: If included in the with the Owner’s use and occupancy of the
Large Format Printing B&W Color scope of Bernardon’s services, Bernardon shall Project provided Bernardon has been paid in
18x24 $2.80 $4.20 review and take appropriate action upon full for its services pursuant to this Agreement,
24x36 $3.30 $7.80 Contractors' submittals (such as shop drawings, including any additional services requested by
30x42 $4.00 $9.40 product data, and samples), but only for the the Owner. The Drawings and Specifications
Standard Printing: B&W Color limited purpose of checking for conformance shall not be used on other projects, or for
11x17 $0.28 $0.50 with information given and the design concept completion for this Project by others, except by
8½ x11 Single $0.15 $0.25 expressed in Bernardon's Drawings, agreement in writing and with appropriate
$0.15 $0.25 Specification, or Contract Documents. Review compensation to Bernardon.
Rates are subject to change annually. of such submittals is not conducted for the
purpose of determining the accuracy or 10. No Impermissible Use of Bernardon’s
3. Payments to Bernardon: Bernardon will completeness of other details, such as Instruments of Service: Bernardon's
Drawings,
Contract
or
Specification,
submit monthly invoices for payment, in dimensions and quantities, or for substantiating Documents shall not be altered or modified in
proportion to services performed, and the instructions for installation or performance of any way. In the event the Owner (or any
Owner shall make payment upon receipt. For equipment or systems designed by the person or entity acting on behalf of Owner)
any outstanding invoices beyond thirty (30) Contractor, all of which remain the uses Bernardon's Drawings, Specification, or
days of the invoice date, interest will be responsibility of the Contractor to the extent Contract Documents in violation of this
charged at a rate of 1.5% per month. Within required by the Contract Documents. Agreement, the Owner releases Bernardon and
five (5) days of receipt of invoice, Owner shall Bernardon's review shall not constitute Bernardon's Consultants from all claims and
notify Bernardon in writing of any problems approval of safety precautions or of causes of action arising from such use(s). The
with the services of Bernardon that would limit construction means, methods, techniques, Owner, to the extent permitted by law, further
or impede Owner’s ability to remit payment for sequences or procedures. Bernardon's review of agrees to indemnify and hold harmless
said services within thirty (30) days. If Owner a specific item shall not indicate approval of an Bernardon and its Consultants from any and all
has not made payment to Bernardon within assembly of which the item is a component. costs and expenses, including the cost of
forty-five (45) days, Bernardon reserves the When professional certification of performance defense, related to claims and causes of action
right to discontinue services. Bernardon’s characteristics of materials, systems or asserted by any third person or entity to the
discontinuation of services shall be without equipment is required by Bernardon's extent such costs and expenses arise from the
liability for consequential or other damages Documents, Bernardon shall be entitled to rely Owner's impermissible use, alteration or
resulting from the stoppage. Bernardon shall upon such certification to establish that the modification of Bernardon's Documents under
be reimbursed for all legal and other reasonable materials, systems, or equipment will meet the this paragraph.
costs related to collection of past due amounts. performance criteria required by Bernardon's
Documents. Bernardon agrees to review 11. Standard of Care: Notwithstanding any
4. Termination or Suspension: This submittals within ten (10) business days upon other provisions in this agreement to the
agreement may be terminated by either party receipt of submittal. contrary, nothing herein contained shall be
upon seven days’ written notice should the 7. Design Without Construction Review: It construed as: (A) Constituting a guarantee,
other party fail substantially to perform in is agreed that if the professional services of warranty, or assurance, either expressed or
accordance with its terms through no fault of Bernardon do not extend to or include the implied, that the professional services will yield
the party initiating the termination. In the event review or site observation of the Contractor’s or accomplish a perfect outcome for the
of termination not the fault of Bernardon, work or performance, the Owner will defend, project; or (B) Obligating Bernardon to
Bernardon shall be compensated for all services indemnify, and hold harmless Bernardon from exercise professional skills and judgment
performed and reimbursable expenses to any claim or suit whatsoever. Such claims greater than that which can be reasonably
termination date. expected from other architects under like
shall include, but are not limited to, payments,
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BERNARDON | Proposal for Professional Design Services
Plantation Square Medical Office Campus, Rehoboth Beach, Delaware | March 22, 2021 Page 9