Typical Contract

 

Jim Stroupe, Architect, Incorporated, herein referred to as Architect, will provide the following architectural services to _______, herein referred to as Owner, for the design of their new single family detached residence to be located on the parcel referenced above.

The Architect’s work shall consist of meeting with the Owner to discuss the scope of work, visiting the site, preparing schematic design drawings to the satisfaction of the Owner, preparing a planning submittal package for approval by City of_______, and then preparing the final Contract Documents for submittal to the city to obtain a building permit. All work will be complete under this contract when the city has approved the building permit.

SCOPE OF SERVICES

Schematic Design

Obtain all pertinent planning and building department design regulations. Prepare 1/8-inch scale design sketches for review and approval by Owner to include Plot Plan, Floor Plans, Roof Plan, Building Sections, and all Exterior Elevations.

Government Agency Review

Review Owner-approved schematic design with planning department of approving government agency to establish regulatory criteria and approval process. Any time spent by Architect to prepare for and/or attend public meetings shall be an additional service.

Design Development

Based on the approved schematic design, provide 1/4-inch scale drawings for review and approval by Owner to include two Building Sections, Foundation and Framing Plans, and Electrical/Mechanical/Plumbing Plans.

Construction Documents

Prepare 1/4-inch final drawings and notes necessary to obtain a building permit.

Drawings shall include :

Vicinity Map and Plot Plan

Architectural Floor Plans

Foundation Plan, and minimum required Foundation Details

Roof Framing Plan, and minimum required Framing Details

Two Building Sections

Four Exterior Elevations

Diagrammatic Electrical/Mechanical/Plumbing Plan

Notes shall include type and quality of major materials.

(i.e. concrete, lumber, roofing, finishes, etc.)

Calculations shall include structural and energy as required to obtain a building permit.

Government Agency Submittal

Submit drawings and calculations to government agency for review. Revise documents as required by plan check comments to obtain building permit approval.

NOTE  This contract does not include any work on bidding, clarifications, change orders or construction observation. These would be additional services.

ADDITIONAL SERVICES

The following areas of work are not included within the Scope of Services of this contract. They are available to the Owner upon his written request at the rate of $100.00 per hour.

Items not specifically listed in the above Scope of Services; including any special drawings and/or presentations or meetings to obtain a Home Owners’ Association approval, or any coordination with consultants, i.e. geologist, geotechnical engineer, civil engineer, landscape architect, general contractor, etc. This would also include a complete landscape plan, a complex drainage system, any site retaining walls, and/or any grading over 50 combined cubic yards of total cut and fill. Also, costs incurred in revising the documents due to Owner-initiated changes after prior Owner approval at any stage of the drawing process; including the Schematic Design and Design Development phases.

GENERAL CONDITIONS

Ownership and Use of Documents

Drawings, specifications and other documents prepared by the Architect are the property of the Architect and are instruments of service for use solely on this project. The Owner shall be permitted to retain copies of drawings, specifications and calculations for information and reference in connection with the Owner’s use and occupancy or sale of the project. The drawings and specifications shall not be reused by the Owner on other sites or used by others, except by agreement in writing and with appropriate compensation to the Architect.

Limitation of Liability

Owner agrees to limit Architect’s professional liability to Owner and to all Contractors and Subcontractors on the project due to Architect’s negligent acts, errors or omissions such that the total aggregate liability of Architect to those named shall not exceed the total fee paid by the Owner to the Architect for this project. Nothing in this agreement shall create a contract with or cause of action in favor of a third party against either Owner or Architect. Owner shall indemnify, defend, and hold harmless Architect from any and all third party suits which may arise.  This means Owner will pay for all attorney fees for Architect to defend himself from any third party suit.

Asbestos and Hazardous Waste

Architect shall have no responsibility for discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at project site including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.

Interruption

If the work is stopped for a total of sixty (60) calendar days or more, compensation shall be subject to renegotiation.

Mediation

Claims, disputes and other matters in question between Owner and Architect shall be submitted to binding mediation prior to any litigation. Costs will be shared equally. If litigation ensues, attorney fees shall be paid by the losing party.

Advertising

Owner shall allow Architect to post a sign along the roadside of the property during construction, if allowed by Home Owner’s Association. The sign shall not be more than 3′x3′ stating

Owner shall allow Architect to photograph the project inside and out and use photos in Architect’s advertising, including portfolio, brochures, and website. Architect assures Owner that specific project address will not be published on website.

Termination

This agreement may be terminated by either party upon written notice due to:

  • failure of either party to perform their responsibilities
  • the project being suspended or abandoned by the Owner
  • failure of Owner to make payments within thirty (30) calendar days of date of invoice

Owner shall compensate Architect on an hourly basis for all services provided prior to date of termination.

Owner’s Responsibilities

Owner shall provide Architect with the legal description of the parcel and the functional program for design. Owner shall provide Architect all documents required by the approving government agency, including but not limited to a topographic survey and/or a geotechnical report of existing soil conditions stating bearing and seismic capacity. County may also request and Owner shall furnish other reports. I.e., geologic, archeological, biotic, arborist, etc. Owner shall not unreasonably withhold approval of Schematic Design, Design Development, or Contract Document phases of Architect’s services. Owner shall make all payments per “payment schedule”.

Payment Schedule

Architect shall be paid an initial retainer equal to ten percent of the total amount of his fee, or $ 1,000, whichever is less, before initiating work on this contract. This retainer shall pay for the final portion of the architect’s work. Architect shall submit periodic invoices for services provided and reimbursable expenses incurred. The invoice shall reflect the hours of service provided. Payments shall be due upon receipt of invoice. Failure by the Owner to pay Architect within 7 calendar days of invoice shall be grounds for termination of contract by Architect.  A service charge of 10 % per month will accrue after seven (7) calendar days if payment is not received. Reimbursable expenses are expenses incurred by the Architect in the interest of the project and include, but are not limited to :

– blueprinting, photocopying, and photography

– renderings and models

– fees paid on behalf of the project to county, schools, etc.

Reimbursable expenses are NOT included within our guaranteed maximum fee. Renderings and models will not begin unless authorized by Owner.

Fees for Services Provided

All work will be billed on an hourly basis at the rate of $ 100/hour. Owner shall pay building plan check and permit fees and school fees, park fees, etc. Total billings for individual tasks may vary from these estimates.

 

Schematic Design $
Government Agency Review $
Design Development $
Contract Documents $
Structural Engineering $
Title 24 Energy Calculations $
Government Agency Submittal $
TOTAL PROJECT ESTIMATE $

 

OWNER ARCHITECT
Anonymous Client James Reed Stroupe, C12455
Approved this date __________________

 

 


 


P.O. Box 388 Aptos, California 95001
 

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