Contract between Annette and David Harlagen and John
Henry pg. 1 of 4
Agreement between Owner and Architect
for Designated Services
David and Annette Harlagen (Owners), Agree and
Contracts with John Henry (Architect for the following
Services as proposed on Nov. 10, 2003 in regard to the design of a
Single Family Residence to be built in ______________, NC.
DESCRIPTION of WORK
Architectural
Services for Phases 1 -3 below (Permit Set) will be based on a
Period Design of approx. 3,500 SF AC space on two levels (basement
design N/I) with a 2,000 SF 8-stall barn and upper living qtrs.
plus 3 car garage, porches, etc. at a total buildable space under
roof of approximately 6,500 SF. The fee for developing Permit
Set plans Phase 1-3 will be based on a fixed fee of $9.50 per SF
under roof (“under roof”: final calculation of all air conditioned
and all unconditioned covered built space – garages, covered
porches, storage, outbuildings, etc. except for basement
optional). [This fee is per our current
fee schedule] Owner may select further services from any
options or Phases described on page 2 of this contract.
Structural/ Civil/ MEP engineering and Landscape Architecture will
not be included in this contract. Hourly services provided herein
(if requested or required for execution of services in addition to
those described below) will be billed monthly. If not executed by
both parties within 7 calendar days of being first proposed, this
Agreement shall become void or subject to renegotiations.
Retainer based on purchase price of either stock plans above in
order to commence Work.
NOTE: A further10% discount of
contract for Permit Set will be granted if 50% of fee is remitted
up front; a 20% discount applies if full fee remitted up front.
Phase
1: Schematic - Site, Floor Plan, and Elevation
Architect will provide in schematic
form: site plan, space planning and general design, floor plans
w/area calculations and 1(one) elevation for approval by Owner
based on his signed written space needs and style/program or as
described in meetings and consultation. Architect will perform
building design per authorized directions in a creative and
professional manner based on his experience and special
talents.
(to be billed in 2 increments) 45% contract fee Due
Owner may request slight changes in
plans and elevation without extra charge after which preliminary
pricing of schematics may commence. Requests to investigate
alternate floor layouts which deviate substantially from original
program or to perform major re-arrangements or additions to plans
such as moving garages or primary rooms from one side or story to
another, or in elevation to change style of period, etc. will
incur additional fees to be quoted and approved in writing in
advance. Further comments and changes made by either owner or
other consultants after review and approval of second submittal in
this Phase will entail extra fees.
Phase 2: Design
Development Schematic
Architect to continue refining
Phase 1 work and provide three remaining additional schematic
elevations and site plan for Owner’s approval and submittal for
Architectural Review or preliminary pricing by Contractor(s).
Architect will make changes as requested by Review board if
necessary at no charge to Owner. Changes requested by Owner
after final approval of this phase to be billed hourly.
(to be billed in 2 increments) 30% contract fee Due
NOTE: Changes in Project scope
(style, size, and configuration of plans) or budget after this
phase will necessitate additional design and redrawing by
Architect. Architect will provide these additional services at an
hourly rate of $175.00, or if more than 40% of drawings must be
redesigned at 25% extra of total fee. (Minor changes to the
drawings are to be expected and not billable as extra work.)
Owner must approve all additional work in writing prior to
architect incurring additional fees.
Phase 3: Permit
Set Construction Documents
Architect to complete the
Architectural component of the ‘Permit Set’ drawings to include
Foundation layout (Structural engineer to design and complete),
Site Plan, Floor Plans, Exterior Elevations, Roof Plan, Electrical
Schematic, Wall Section, Stair Detail, and typ. Footer Details.
(Additional permits are customarily obtained by Contractor such as
water, sewer or septic, electricity, environmental etc.)
Construction documents will be drawn in standard US scale. All
engineering by others under contract with Owner. Changes
requested by Owner after final approval of this phase
to be billed hourly.
(to be billed in 2
increments) 25% contract fee Due
NOTE: Architect to include
consultation time with Engineers or Landscape Architect, but not
Interior Designer (who may contract directly with Owner as
required or be provided by builder) at no extra cost, but will
bill hourly for presentations or consultation, meetings, or phone
calls to governing bodies, Review Boards, environmental agencies,
etc.
Contract between Annette and David
Harlagen and John Henry
pg. 2
of 4
Description/ Contents of
Phase 1-3 ‘Permit Set’:
Site
Plan (location of house
in relation to property lines and setbacks, schematic layout of
driveways, walks, gates, fences, location of utilities
connections, grading), Floor plan (all floors dimensioned,
noted, with plumbing fixture locations, cabinets, stairs, generic
flooring materials, ceiling treatment outline, size of doors and
windows, hose bibs, special features outlined), Elevations
(4 exterior wall elevations noting materials, roof pitch/ height,
floor to floor dimensions, windows/ doors and header height,
exterior materials notes), Roof Plan (schematic geometric
layout of roof in plan view with chimney locations, hips, valleys,
and ridges noted), Electrical Schematic (schematic layout
of lighting fixtures with switching, duplex outlets, smoke
detectors, cable and TV outlets), Wall Section (detailed
section of typical wall construction with floor elevations, wall
assembly, roof projection notes), Foundation Plan (exterior
geometry of foundation with rough plumbing fixture location,
prepared for final drawing by Structural Engineer), Stair
Schematic (typical stair section), and all required
architectural drawings by local authorities to qualify for
Building Permit.
Phase 4 Option: Details,
Sections, Specifications, Contractor Selection, Bidding, Contract
Administration
1.
Exterior details of walls, roof and decorative fencing,
columns, balusters, arches, soffits, door and window surrounds,
chimney caps and other like trim.
$11,800
2.
Two (2) full width building-sections (for additional
clarity and ease of construction and document
interpretation.)
$3,970
3.
Schematic design and trim specifications of primary
interior elevations including Foyer, Living, Dining, Library,
Family, Kitchen, Master Suite, select cabinet and counter details,
media walls and fireplaces, ceiling geometry, trim around
baseboards, wainscot, crown moldings. Selection of int. columns,
brackets, medallions.
$57,900
4.
Additional interior elevations
Hourly or per room estimate
5.
Flooring design and specification of stone, tile, and wood
for all rooms. Architectural stone and wood detailing.
$14,800
6.
Doors and windows selection w/hardware
$2,700
7.
Plumbing selection
$8,500
8.
Light fixture selection
$9,800
9.
Home automation/security, specification and
coordination
$3,500
10.
Roofing selection and details
$2,800
11.
Room Finish Schedule, including color selection of exterior
walls and 4 interior rooms
$6,800
12.
Review of shop drawings.
Hourly
13.
HVAC schematic with reflected ceiling plan indicating
lighting and ceiling treatments
$8,800
14.
Pool design/ schematic (Pool sub. may provide this, with
Architect’s schematic design)
$2,900
15.
Specifications Manual to include material and performance
specifications including site work, steel, concrete, stone, wood,
insulation, HVAC, flooring, gypsum board, nailing and gluing,
specialty equipment, appliances, etc.
$49,500
16.
All other related
work not covered in list above
Hourly
NOTE: Architect not to include
comparative pricing of individual components or materials
specified in Phase 4 unless authorized by Owner, to be performed
on an hourly basis.
Phase 5 Option: Minimum
Construction Observation
Architect will visit job site and
make report to Owner of progress at five (5) instances: 1.
Plumbing rough in, floor slab formed; 2. Frame complete, roof
dried in, 3. Insulation complete, electric roughed in, 4. Finished
plumbing, finished exterior/interior/drywall/roof, 5. Final
certification. Architect will be available throughout
construction to aid in the interpretation of the Construction
Documents as requested by Owner or Contractor and for general
consultation as construction progresses. These additional
services will be billed hourly, w/ travel expenses extra.
Phase 6 Option: Interiors
Architect to consult and establish
with Owner color palette, fabric and paper finishes; select all
furnishings and accessories including furniture and draperies,
wallpapers, carpeting, etc. Cost for this service will be a
consultation and travel rate of $175/ hr. and a fixed fee of 15%
of all items purchased at retail from established furniture
dealers, antique shops, and accessory stores and catalogues.
NOTE: Owner to reimburse Architect
for work performed upon submittal of first draft of drawings due
per Phase.
Contract
between Annette and David Harlagen and John Henry
pg3 of 4
TERMS and CONDITIONS
1.
Architect reserves Copyright and ownership of all drawings,
design, and ideas produced under this Agreement. The same shall
not be reproduced, changed or copied in any manner or form
whatsoever, nor are they to be assigned to any third party without
the written consent of the Architect. This Agreement provides the
Owner with the non-exclusive one-time use for construction from
the documents solely for the Project described herein and its
exclusive use within a 50 mile radius for 10 years. Owner has
right to as many copies of plans required for construction or
permanent records. Owner may not sell nor assign plans or
specifications. Any promotion, advertising, display, collateral
materials, etc. concerning the Project must display Architect’s
name and copyright symbol. Architect must have reasonable access
to project in order to photograph and document work and may
include representations of the design, including photographs of
the exterior and interior for personal records and for
publication. Architect shall have right to display his business
sign on property, which shall be readable from street subject to
deed or subdivision restrictions. Owner agrees to indemnify
Architect from any actions that may arise due to copyright
disputes as a result of use of photographs, drawings, sketches,
and other design related materials Owner furnishes Architect for
analysis or incorporation into this Project.
2.
Owner to notify potential contractors and selected builder of
terms and conditions described in this contract as applies before
any Owner/ Contractor Agreement is drawn up. Owner and/or
Contractor shall verify final plans including all details and
dimensions, as well as the conditions of the job before
commencement of the Work and likewise while under construction.
If the Owner or Contractor becomes aware of any fault or defect
with the above, or conformance with all the Construction
Documents, prompt written notice shall be given to the Architect
in a timely manner in order to remedy discrepancies before
materials are ordered or labor scheduled in order to avoid
unnecessary costs. Owner should not award bid for construction
nor authorize commencement for construction until Contractor has
verified in writing he has reviewed the Plans submitted by
Architect and assumes full responsibility to properly build from
the ”letter and intent” of the documentation provided, having
notified in writing to Owner and Architect that Plans were also
checked to comply with all local county, state, and national codes
and ordinances as applicable. Contractor shall determine methods
of construction. It is customary and ordinary to omit certain
details well within the common knowledge of the Contractor or
standard building practices. If a detail is omitted from
Construction Documents for which the Contractor needs further
explanation, the Contractor should determine the solution with
Architect before signing a contract for construction with Owner.
Contractor assumes full responsibility for executing all details
of construction if not on Documents in order to fulfill his
contract for construction. Owner or Contractor shall verify metes
and bounds, site dimensions, restrictions, and placement of
structure and report any discrepancies to Architect in writing
before execution of Contract for Construction and commencement of
Work. Architect shall assume no responsibility or liability for
misinterpretation or unauthorized deviation from
drawings/documents provided to Owner.
3.
Owner to retain under separate contract Structural Engineer and
Landscape Architect. Structural verification or compliance with
applicable codes is not included in this Agreement. Architect
will provide schematic design of pool, decks, and drives on Site
Plan, but Landscape Architect to provide details for construction,
and all planting and hard-scape specifications. Architect
recommends retaining Electrical/Mechanical Engineer to size and
specify ducts, compressors and air handlers, and size and specify
electrical circuits especially if project is to be competitively
bid. Energy code calculations by others. Owner to provide all
soils testing as necessary and shall be entirely responsible for
the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials in any form at the
Project site, including but not limited to asbestos, asbestos
products, polychlorinated biphenyl (PCB) or other toxic
substances. Changes in Building or Zoning Codes made after
Agreement date may require a change in scope of work with
subsequent additional expenditure of time and cost to be
reimbursable to Architect at hourly rates set elsewhere herein.
4.
Architect will perform Services as described above as
expeditiously as is consistent with professional skill and care
and the orderly progress of the Work, having Owner’s best interest
as the foremost consideration. Owner shall expeditiously perform
all acts or provide all services required of him under this
Agreement and render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the
Architect’s services. Architect must rely wholly on accuracy of
all site information and legal descriptions as forwarded by Owner
including but not limited to: metes and bounds,
easements/setbacks, special zoning, subdivision regulations, soils
and ground conditions with engineer’s report, topographical maps
showing utilities availability and tree survey, and environmental
protection.
5.
Dimensions and details my change due to field conditions,
construction techniques and other variables that shall not be
charged against Architect’s drawings for omissions or error.
Architect’s estimate for probable construction cost is based on
current charges for labor and materials as evidenced by
construction for similar work to scope of Owner’s project and such
estimates will change in time and under varying market
conditions. Shop drawings (all of which to be prepared and
submitted by others) and interior trim, finishes, and general
interior design, if contracted by others than Architect shall be
subject to review and approval to insure integrity of design.
6.
Owner will not hold Architect liable for construction costs over
budgeted project costs. All Work submitted by Architect is to be
properly Engineered for structural, electrical, heating,
ventilation and air conditioning by Owner’s Contractor and/or
professional subcontractors under separate contract. Architect
shall require additional compensation at the hourly rate of
$175.00 to make revisions in any documentation when such revisions
are inconsistent with approvals or instructions previously given
by Owner or due to adjustments in the Owner’s program or Project
budget including, but not limited to size, quality, complexity,
scheduling, the method of bidding or negotiating and contracting
for construction, or in connection with Change Orders and
Construction Change Directives or due to default by Contractor in
improperly executing the Work. Manufacturer, supplier, or
installer shall be responsible and liable for product/assembly as
specified. Owner will be responsible for reimbursable items
including all blueprinting and CADD plot direct costs- plus 15%,
and travel and time for materials sourcing and selection out of
Orlando (if requested by Owner).
7.
Fees charged for professional services are due and payable upon
presentation of invoice. Work in progress may halt if payments
are not received within seven (7) days. Deferred payment until
closing or other conditions are not implied. A service charge
will be added to the unpaid balance due equal to the maximum
permitted by law in the State of Florida. It is the Architect’s
policy to file Notice to Owner or lien according to applicable
state mechanic’s lien laws if timely payment is not made or Owner
violates contract terms. Owner agrees to pay Architect’s fee
regardless of the results of government approvals, whether or not
the project receives financing, or is completed.
8.
In order to provide the high quality of service at the competitive
fees quoted herein, the Architect’s total aggregate liability for
all claims arising out of or related to the Project or this
Agreement shall not exceed 50% of the Net compensation (exclusive
of Reimbursable Expenses, consultant fees, etc.) received for the
Project unless Owner elects to purchase liability insurance to
cover Errors and Omissions. Jurisdiction of legal claims made
against any party of this Agreement to be in County of Architect’s
principal business address. In the event that the Architect fails
to timely perform any of the services or obligations of the
Architect as set forth in this Agreement, the Owner shall have the
right, but not the obligation, in addition as well as
alternatively to all other remedies available to Owner herein or
under applicable laws as a result of a default by the Architect,
to immediately retain the services of a licensed architect or
other persons to perform the needed services. The cost incurred
by the Owner in obtaining such alternative services shall be
deducted from sums due to the Architect hereunder. In the event
the Owner retains the services of an attorney to enforce the
Owner’s rights, or the Architect’s obligations hereunder, then the
Owner shall be entitled to recover all costs and fees incurred by
Owner at both the trial and appellate levels, as well as in any
bankruptcy proceeding. Any default or breach in this Agreement
made by the Owner shall likewise entitle Architect to pursue same
legal recourse and recovery of damages, costs and fees incurred by
Architect at both the trial and appellate levels, as well as in
any bankruptcy proceeding. Mediation shall be the first course of
resolving contract disputes.
9.
It is understood and agreed that the Architect bears no
responsibility for compliance with any laws outside the United
States of America. The Owner assumes full responsibility for the
compliance of the provisions of this Agreement with all foreign
codes, ordinances, and laws and to insure Documents provided by
Architect are fully engineered to insure safety and health of
users and third parties involved.
10.
If this Project is suspended or abandoned in whole or in part for
a period of more than 20 calendar days from last significant
communication of Owner to Architect this Agreement shall be
subject to termination or renegotiation following a demand for
Services rendered to that date and Reimbursables accrued
likewise. Lapse of review and approval process by Owner entitles
Architect to charge for re-start fees necessary to re-assemble
project team and reschedule Work. Retainer is not refundable if
project is terminated after this contract is signed unless
negligence is proven against Architect. This Agreement may be
terminated by either party upon not less than seven days’ written
notice should the other party fail substantially to perform in
accordance with the terms of this Agreement through no fault of
the party initiating the termination. This Agreement entered into
subject to the Description of Work to be performed and Terms and
Conditions set forth herein and constitutes the entire agreement
between the parties hereto. No other agreements, understandings,
restrictions, warranties, or representations exist between parties
other than those provided herein. In the event that any items of
this contract shall be held unenforceable or void, the entire
contract shall not be void or unenforceable and be valid and
enforceable. Owner by his or her signature indicates he/she has
read and understands entire Agreement.
Note: John C. Henry is a
licensed Architect in the State of Florida (No. 13013) and in the
State of Texas (No. 10945) and also retains AIA and NCARB
certification.
Agreement represents the entire
and integrated agreement between Owner and Architect and supersedes
all prior negotiations, representation, or agreements, either oral
or written.
Other Provisions:
A $8,000
retainer due to commence design, credited to Phase 3, or discount
option applies if elected by Owner, as noted above.
B.________________________________________________________________
C._______________________________________________________________
Approved and Agreed by Owner:
Approved and Agreed by Architect:
_________________________________ Date:
________________________________ Date:
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