ES DENVER TERMS AND CONDITIONS
PROFESSIONAL RESPONSIBILITIES
The fees associated with this project are calculated based on the scope of work and time to be allocated to the project's completion. Engineering Studio Denver reserves the right to make additional changes in accordance with the pertinent portions of the Colorado Rules of Professional Conduct and therefore reserves the right to deviate from proposed fees, without notice, in the event extenuating project requirements justify the deviation.
EXCLUDED SERVICES
To meet the budget goal, all documents used for submittal need to be the current version and approved by the party responsible for payment (owner/agent). These prints should be accurate to all field conditions. If they are not, the owner is responsible for these changes and the possible charges they incur. To avoid additional fees related to re-drawing unaltered plans and details, the owner/agent-approved electronic drawing files must be provided. After approval to start work, any further architectural or design changes will be considered a change order and will incur extra charges. Any error or change made by an individual, excluding the engineer, is the responsibility of the owner/agent and could potentially change the scope of work and the cost of the project.
Any additional work, which was not initially agreed upon (and therefore not in the scope of work) is the owner’s financial responsibility. All requirements and specifications must be decided prior to the start of work; these include but are not limited to:
- Approved architectural prints
- Recorded field conditions
- List of expectations/design intent
- Property Lines/parcel information
- Geotechnical report
- Accurate survey/elevation information
- Out of scope value engineering
All expenses are billed at cost plus 20%
BILLING RATES
Hours will be recorded and allocated to the appropriate category and discipline. If there are change orders on work that has already been completed, hours will be allocated against the contingency allotment. If change orders exceed the allotted amount, work on these changes will be stopped until notifying owner or approved party.
Value engineering and economic design is a basic principle of our process. However, unless exact costing is provided for each aspect of the project, the scope of value engineering is limited to best practice and prior experience. Any re-work related to equipment and/or design changes requested by owner or approved party will be considered a change order and will be billed as such.
Owner is responsible for all fees associated with change order. Change order may occur without notice.
Rate Schedule (Hourly Rate billed in 15-minute increments):
• Professional Engineer - $250/hr
• Engineer 1 - $200/hr
• Administrative Fees - $65/hr
• Convenience fee - 3%
Please note that these rates are valid for 90 days from the issuance of the proposal and are subject to change after that term.
To prevent interruptions in work, prompt payment is required. If payment has not been paid in full, any outstanding balances for the project will begin accruing interest at a rate of 19.9% APR upon delivery of final product(s).
If the bill is unpaid, our insurance cannot be applied to the project.
POLICIES
ES Denver assumes an electronic submittal of plans. If plans are to be printed and delivered, an additional 24 hours will be required. All fees associated with printed, wet-stamped prints will be considered additional to the proposed scope of work.
The costs associated with this project are based on the scope of work and the time required for the project's completion. If extenuating project requirements justify the deviation, ES Denver reserves the right to make additional changes in accordance with the Colorado Rules of Professional Conduct and may deviate from proposed fees without notice.
If a due date has been set by the client, it will be assumed that all project criteria relevant to ES Denver’s Scope of Work is final and approved.
Included in our fees, is a response to one reasonable set of City Comments.
A 3D scan of the property may be performed to detect deviations that may be otherwise difficult to detect. At the discretion of our engineers, the 3D point-cloud data may be purchased and analyzed for an additional $250.00. This additional charge will be billed as a separate item on the project invoice. If the client does not want this additional analysis performed, they must notify our office in writing prior to our initial site observation.
Pricing is non-negotiable and exempt from any discounts for any reason.
This contract is void if unfulfilled within 6 months of the date of proposal.
Any product or document provided by ES Denver may not be transferred for any reason without the expressed written consent of ES Denver.
In the event of a legal dispute, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
NOTE: If project scope changes or if the hours proposed is exceeded by over 4 hours, the client will be notified via email of any scope changes and an additional proposal may be required.
These changes may be requested verbally or in writing. It is not the responsibility of ESD to provide an itemized list of change orders requested. Change orders include, but are not limited to the following:
• Changes during construction
• Architectural errors/changes after initial document receipt
• Contractor errors/changes after initial document receipt
• Misinformation from third parties
• Missing or inaccurate information
• Material availability
• Additional city/utility requirements
• Missing or wrong equipment supplied
• Anything unforeseeable that falls outside of the reasonable scope of work proposed
• Project coordination
• Specified changes or requirements by city/county official above or beyond minimum code requirements
• Changes made by the customer at any time.