Reso 2022-3438 - Laserfiche WebLink

Home Browse Search

Terms and Conditions Project: Gateway generator installation • buildingstrength Page: 2 of 2 Date: August 23, 2022 1. Standard of Care: BNI will endeavor to perform services in a manner consistent with the degree of care and skill ordinarily exercised by members of our profession currently practicing in the same locality under similar conditions. No other representation, warranty or guarantee is made, included or intended as to our professional services. 2. Services Excluded: A. Work beyond scope of services B. Preparation of retrofit documents 3. Additional Services: Services beyond those outlined under basic services, including but not limited to an increase in the scope of the project, revisions, construction errors, additional site visits and inspections will be provided for an additional negotiated lump sum fee or performed on an hourly basis at the rates indicated below. BNI will provide additional services upon written authorization by the Client. 4. Hourly Billing Rates: Rates are subject to annual adjustment, starting January 1, 2013. Principal $250/Hour CAD Manager $140/Hour CAD Operator $110/Hour Administrative Assistant $70/Hour Engineer $140/Hour 5. Provisions Related to Payment: A. Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by BNI, employees and subconsultants in the interest of the Project, such as expedited delivery, travel, and printing other than for BNI. Reimbursable expenses and Additional Services will be billed monthly as they are incurred. B. BNI shall invoice Client by phase when work is complete and submitted to owner. C. Client agrees to pay each invoice within fifteen (30) days of receipt of invoice, but not later than 45 days from the date of the invoice. Late payments will be charged interest at the rate of 1.5% per month and we reserve the right to stop work and withhold documents. 6. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client and BNI, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of BNI, its individual officers, shareholders and employees (collectively hereafter referred to as BNI) to the Client, for any and all claims, losses, costs, damages of any nature whatsoever or claim expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of BNI to the Client shall not exceed $250,000. It is intended that this limitation apply to all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 7. Mediation: The Client and BNI agree that all disputes between them arising out of or relating to this Agreement, or the Project shall be submitted to formal mediation unless the parties mutually agree otherwise. Anything contained in any other contract document notwithstanding, BNI shall not be bound by any provision requiring arbitration of disputes or controversies arising out of BNI's work. 8. Hazardous Material: BNI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials in any form. 9. Applicable Law: This Agreement shall be governed by the laws of the State of Florida. 10. Third Parties: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or BNI. 11. Severability: In the event any of the provisions of these General Provisions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 12. Termination of Services: This Agreement may be terminated upon 10 days written notice by either party should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay BNI for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses.