Terms & Conditions

Performance of Services: The Consultant shall perform his services in conformance with the Agreement in consideration of the fees and payment.

Retainer/Billing/Payment: The Client agrees to pay the Consultant for all services performed and all costs incurred. Invoices for the Consultant’s services shall be submitted, at the Consultant’s option, either upon completion of such services, on a monthly basis, or as at the time of request. Invoices shall be due and payable upon receipt. If any invoice is no paid within 45 days, the Consultant may, without waiving any claim or right against the Client, and without liability whatsoever to the Client suspend or terminate the performance of services. Accounts unpaid 30 days after the invoices date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, the Consultant may institute collection action and the Client shall pay all costs of collection, including reasonable attorney’s fees.

Right to Retain Subconsultants: The Consultant may engage the services of any subconsultants when, in the Consultant’s sole opinion, it is appropriate do to so. Such subconsultants may include any specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant’s services. The Consultant shall not be required by the Client to retain any subconsultant not fully acceptable to the Consultant.

Indemnification: Information for the Sole Use and Benefit of the Client: All opinions and conclusions of the Consultant, whether written or oral, and any plans, specifications or other documents and services provided by the Consultant are the sole use and benefit of the Client and are not to be provided to any other person or entity without the prior written consent of the Consultant. Nothing contained in the Agreement shall crate a contractual relationship with or a cause of action in favor of any third party against either the Consultant or the Client.

Certifications, Guarantees and Warranties: The Consultant shall not be required to execute any document that would result in the Consultant certifying, guaranteeing or warranting the existence of any conditions. The Consultant shall not be required to sign any documents, no matter by whom requested, that would result in the Consultant’s having to certify, guarantee or warrant the existence of conditions whose existence the Consultant cannot ascertain. The Client also agrees not to make resolution of any dispute with the Consultant or payment of any amount due to the Consultant in any way contingent upon the Consultant’s signing any such certification.

Limitation of liability: In recognition of the relative risks and benefits of the project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and his or her subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of the Consultant and his or her subconsultants to all those named shall not exceed the Consultant's total fee for services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or breach of warranty.

Ownership of Documents: All documents produced by the Consultant under this Agreement are instruments of the Consultant’s professional services and shall remain the property of the Consultant and may not be used by the client for any other purpose without the prior written consent of the Consultant.

Standard of Care: In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.

Dispute Resolution: Any claims or disputes between the Client and Consultant arising out of the services to be provided by the Consultant or out of this Agreement shall be submitted to nonbinding mediation. The Client and Consultant agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and fabricators, providing for mediation as the primary method for disputes resolution among all parties.

Termination of Services: This Agreement may be terminated by either party for cause upon giving the other party not less than seven (7) calendar days’ written notice should the other party fail to perform its obligations hereunder or for any of the following reasons: - Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party;
- Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;
- Suspension of the Project or the Consultant’s services by the Client for more than sixty (60) calendar days, consecutive or in aggregate;
- Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
In the Event of termination for any reason whosoever, the Client shall pay the Consultant for all services rendered to the date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination.

Additional Services: For additional services not included in this Agreement, the Consultant shall be compensated as follows: Services will be stipulated at an hourly basis at the rate of $250.00 for design and/or field time.

Defects in Service: The Client shall promptly report to the Consultant any defects or suspected defects in the Consultant’s services of which the Client becomes aware, so that the Consultant may take measures to minimize the consequences of such a defect. The Client further agrees to impose a similar notification requirement on the Owner/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Client and the Owner’s contractors and subcontractors to notify the Consultant shall relieve the Consultant of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.

Design Without Construction Administration: It is understood and agreed that the Consultant’s Basic Services under this Agreement do not include project observation or review of the Contractor’s performance or any other construction phase services, and that such services will be provided for by the Client. The Client assumes all responsibility for interpretation of the Contract Documents and for construction observation, and the Client waives any claims against the Consultant that may be in any way connected thereto.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, dire ctors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees in defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of the Consultant.
If the Client requests in writing that the Consultant provide any specific construction phase services and if the Consultant agrees in writing to provide such services, then they shall be compensated for as Additional Services as provided herein.
Requests for Clarification or Interpretation: The Consultant shall provide, with reasonable promptness, written responses to requests from the Contractor for clarification and interpretation of the requirements of the Contract Documents. Such services shall be provided as part of the Consultant’s Basic Services. However, if the Contractor’s requests for information, clarification or interpretation are, in the Consultant’s professional opinion, for information readily apparent from reasonable observation or field conditions or a review of the Contract Documents, or are reasonable inferable therefrom, the Consultant shall be entitled to compensation for Additional Services in accordance with the Additional Services section, for the Consultant’s time spent responding to such requests.

Shop Drawing Review: The Consultant shall review and take appropriate action on the Contractor submittals, such as shop drawings, product data, samples and other data, which the Contractor is required to submit, but only for the limited purpose of checking for conformance with the design concept and the information shown in the Construction Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Consultant’s review shall be conducted with reasonable promptness while allowing sufficient time in the Consultant’s judgment to permit adequate review. Review of a specific item shall not indicate that the Consultant has reviewed the entire assembly of which the item is a component. The Consultant shall not be responsible for any deviations from the Construction Documents not brought to the attention of the Consultant in writing by the Contractor. The Consultant shall not be required to review partial submissions of those for which submissions of correlated items have not been received.

Unauthorized changes: In the event the Client, the Owner, the Owner’s contractors or subcontractors, or anyone for whom the Client and/or Owner is legally liable makes or permits to be made any changes to any reports, plans, specifications, or other construction documents prepared by the Consultant without obtaining the Consultant’s prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against the Consultant and to release the Consultant from any liability arising directly or indirectly from such damages.
In addition, the Client agrees to the fullest extent permitted by law, to indemnify and hold harmless the Consultant from any damages, liabilities or costs, including reasonable attorney’s fees and costs of defense, arising from such changes.
In addition, the Client agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any subcontractor of any tier from making any changes or modifications to the Consultant’s construction documents without the prior written approval of the Consultant and that further requires the Contractor to indemnify both the Consultant and the Client from any liability or cost arising from such changes made without such proper authorization.

Delays: The Client agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant’s control. For purposes of this Agreement, such causes include, buy are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in timely manner; failures of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions.
In addition, if the delays resulting from any such causes increase the cost or time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule and/or compensation.

Access to Site: Unless otherwise stated, the Consultant will have access to the site for activities necessary for the performance of the services. The Consultant will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such cost.

CONTACT ENGINEER


Available for services Florida.

(305) 775-2518

info@rodriguezpe.com