Page 10 - Bernardon Proposal-Bayhealth Milford Primary Care Clinic

TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES OF BERNARDON
January 1, 2022

1. Hourly Rate Schedule: 5. Construction: Bernardon will not have expenses, or costs involved, arising from, or
Principal $220.00 control or charge of and shall not be alleged to have arisen from the Contractor’s
Director $220.00 responsible for construction means, methods, performance or the failure of the Contractor’s
Director of Interior Design $200.00 techniques, sequences, or procedures, nor for work to conform to the design intent and the
Associate $190.00 safety precautions or programs in connection contract documents. Bernardon agrees to be
Senior Project Director $180.00 with the Work, for the acts or omissions of the responsible for its employees’ negligent acts,
Project Director $165.00 Contractor, Subcontractors, or any other errors, or omissions, subject to the limitations
Project Architect/Project Manager $150.00 persons performing any of the Work, or for the of these Terms and Conditions, including, but
Architect/Senior Designer $140.00 failure of any of them to carry out the Work in not limited to, paragraphs 12, 13, 14, 15, and
Landscape Architect $130.00 accordance with the Contract Documents, 16 below.
Designer III $120.00 regardless of whether Architect provides
Designer II $110.00 construction phase observation or 8. Construction Cost: Bernardon cannot and
Designer I $100.00 administration services; provided, however, does not warrant or represent that bids or
Office Assistant $ 90.00 Bernardon will promptly inform Owner of any negotiated prices will not vary from the
Rates are subject to change annually. Work which does not conform with the Owner’s project budget or from any estimate of
Drawings and Specifications when such non- construction cost or evaluation prepared or
2. Reimbursable Expenses: Reimbursable conformance is observed. The Contractor shall agreed to by Bernardon.
expenses (such as permits, prints, additional be solely responsible for performance of the
consultants, overnight deliveries, travel, etc.) Work, including adherence to the requirements 9. Ownership of Documents: Drawings and
will be invoiced based upon actual costs of Bernardon’s Drawings, Specifications, and Specifications as instruments of service are and
expended times a multiplier of 1.10. Mileage Contract Documents. The Owner expressly shall remain the property of Bernardon whether
will be charged in accordance with the standard agrees that this provision shall be included in the Project for which they are prepared is
IRS rate. In-house reproduction expenses the contract between the Owner and its executed or not. The Owner will be permitted
incurred in the interest of the project will be Contractor(s) for this Project. to retain copies of Drawings and Specifications
invoiced as follows: for information and reference in connection
Large Format Printing B&W Color 6. Review of Submittals: If included in the with the Owner’s use and occupancy of the
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
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
other provisions in this agreement to the
agreement may be terminated by either party receipt of submittal.
upon seven days’ written notice should the contrary, nothing herein contained shall be
other party fail substantially to perform in 7. Design Without Construction Review: It construed as: (A) Constituting a guarantee,
accordance with its terms through no fault of is agreed that if the professional services of warranty, or assurance, either expressed or
the party initiating the termination. In the event Bernardon do not extend to or include the implied, that the professional services will yield
of termination not the fault of Bernardon, review or site observation of the Contractor’s or accomplish a perfect outcome for the
Bernardon shall be compensated for all services work or performance, the Owner will defend, project; or (B) Obligating Bernardon to
performed and reimbursable expenses to indemnify, and hold harmless Bernardon from exercise professional skills and judgment
termination date. any claim or suit whatsoever. Such claims greater than that which can be reasonably
shall include, but are not limited to, payments, expected from other architects under like

BERNARDON | RESPONSE TO REQUEST FOR PROPOSAL Page 1 of 2
Architectural and Engineering Services for Bayhealth | Milford Primary Care Clinic | August 19, 2022 Page 7