EFTA00605783.pdf

EFTA00605783  STANDARD TERMS JAREDIAN DESIGN GROUP AND CONDITIONS subcontractors all be solely and completely responsible for 12. INDEMNIFICATION - The CLIENT shal defend, indemnify, all construction activities, working conditions on the job site, and hold harmless JDG and all of its personnel from and including safely of all persons and property during the against any and all claims, damages. losses and expenses performance of the work, compliance with OSHA (including reasonable attorneys fees) and consequential regulations, and quality of the work. Any monitoring of the damages arising out of or resulting from the performance of contractor's performance conducted by JDG personnel Is the services, provided that any such claims, damages, not intended to include review of the adequacy of the losses or expenses ore caused In whole or in pail by the contractor's safety measures, in on, or near the construction negligent Oct or omission and/or strict liability of the CLIENT. site. anyone directly a indirectly employed by the CLIENT (except JDG) or anyone for whose acts any of them may It is further understood that field services provided by JDG be liable. personnel wi not relieve the contractor and any subcontractors of responsibilities for performing the work In 13. OUTSIDE CONSULTANTS - On occasion, JDG engages the accordance with applicable laws and regulations and in specialized services of individual consultants a other accordance with the Contract Documents. companies to participate in a project. When considered necessary. these firms or other consultants will be used. The Should the CLIENT not execute on agreement with JDG to cost of other consultants will be billed at cost plus a 15% provide construction phase engineering services, then the administration charge. CLIENT agrees to indemnify and hold JDG harmless against any claims, Notary and responsibility for construction 14. LITIGATION - It is understood that unless expressly implied, problems or problems arising after construction Is complete the services outlined in this Agreement do not include the attributed to construction and the Contractor's cost of professional services provided for any legal action or performance, and failure of the contractor to follow the suit. Fees for court preparation, depositions. pretrial design intent and construct the project in accordance with conference and n court non-testimony time will be billed at the Contract Documents. two (2) times the normal biling rote. Fees for in-court testimony wi be billed at three (3) times the normal billing 8. STANDARD OF CARE - !DC's services will be performed in rate. accordance with generally accepted practices of professional engineers providing similar services at the same 15. APPLICABLE LAW - Unless otherwise specified, this time, In the same locale. and under like circumstances. The Agreement shall be governed by the laws of the principal CLIENT agrees that services provided wit be rendered place of business of JDG. without any other warranty, expressed or implied. 16. OPINION OF PROBABLE CONSTRUCTION COSTS - JDG's 9. INSURANCES-JDG maintains Worker's Compensation opinion of probable construction costs, if rendered as a Insurance. JDG will furnish certification upon written service under this Agreement, is based on assumed labor request. The CUENT agrees that JOG will not be liable or costs and approximate quantities of material and responsible to the CLIENT for any loss, damage. or lability equipment, and therefore is of a conditional character. beyond the amounts, limits, exclusions, and conditions of JOG cannot guarantee the cost of work to be performed by such insurance. others since market or bidding conditions can change at any time and changes In the scope or quality of the Project 10. PROFESSIONAL UAINLITY - The CLIENT agree to limit liability may affect estimates. and require a like limitation from any construction contractor or subcontractor who performs work for which 17. VALIDiTY - Should any one or more of the terms and JDG has provided reports, plans, and specification, In an conditions stated herein be deemed unenforceable or amount of 550,000 or JDG's fee, whichever is smeller. invalid, either in whole or in part, by judgment or court order, that shall not affect the remaining terms and 11. SUSPENSION OF SERVICES - Thls agreement may be conditions or ports thereof and they shall remain full force terminated upon ten (10) days written notice by either party and effect. should the other fall to perform his obligations hereunder. The CLIENT shell remain fully liable for and shall promptly pay 18. SCHEDULE - If in this Agreement, specific periods of lime for JDG the full amount for all services rendered by JDG up to rendering services ore set forth or specific dates by which the date of suspension of services plus suspension chorges. services are to be completed are provided, and it such Suspension charges shall include the cost of putting periods of time or dates ore changed through no fault of documents and analyses in order, personnel and JOG. the rotes and amounts of compensation provided for equipment rescheduling or reassignment adjustments, and herein shall be subject to equitable adjustment. If CLIENT all other related and charges directly attributable to has requested changes in the scope, extent. a character of suspension. the Project, the time of performance of JOG'S services shall be adjusted equitably. If payment of invoices by the CLIENT is not maintained on a thirty (30) day current basis, JDG may. by providing a ten (10) day written notice to the CLIENT, suspend further Joreclion Design Group, LLC. cannot be held responsible for services until payments are restored to a current basis. In delays in rendering services caused by issues beyond Joredion the event JDG engages counsel to enforce overdue Design Group's control. payments, the CLIENT shall reimburse JDG for al reasonable attorney's fees and court costs related to enforcement of overdue payments. The CLIENT shall indemnity and save harmless JOG horn any claim or liability resulting from suspension of services due to client's noncurrent payments. 2 JDC4BusinessDoc/StandardTermslindConditionsjDG Copyright O 2014 laredian Design Group, 1.1C EFTA00605784 EFTA00605785 EFTA00605786