Architectural Structural Plan

ARCHITECTURAL STRUCTURAL PLAN AGREEMENT

This Architectural Structural Plan Agreement (the Agreement) is entered into as of the date set forth below between:

Client Name:    Project Name:

RECITALS

WHEREAS, Client desires to obtain architectural structural plans, calculations, and related design services for the Project described herein; and

WHEREAS, Architect/Structural Engineer represents that it is duly licensed, qualified and experienced to prepare structural design documents in accordance with applicable codes and professional standards; and

WHEREAS, the parties desire to set forth the terms, scope, deliverables, compensation and responsibilities in writing.

SCOPE OF WORK

Architect will provide professional services consisting of preparation of architectural structural plans, calculations, details, specifications and associated documents as required to obtain permits and to construct the Project. Specific deliverables, exclusions and schedule are set forth below.

Structural drawings and plans    Foundation plans    Framing plans

Construction details    Structural calculations    Relevant specifications

DESIGN CRITERIA AND CODES

The services will be performed in accordance with the applicable building codes, standards and design criteria adopted for the Project. The primary design standard(s):

PAYMENT TERMS

Total Fee (Fixed or Not-to-Exceed): .

Payment Schedule: Client shall pay Architect as follows: Initial deposit of upon execution; progress payment(s) of ; final payment of remaining balance due upon delivery of complete permit set.

Late Payment: Any undisputed amount not paid within days after invoice shall accrue interest at or the maximum permitted by law, together with costs of collection and reasonable attorneys' fees.

Change Orders: Additional services or revisions requested by Client that are beyond the Scope of Work will be performed only after Client's written authorization and will be billed as agreed in a written change order.

TERM AND TERMINATION

Commencement Date: Services shall commence on and shall continue until completion of the Scope of Work or earlier termination as provided herein.

Termination for Convenience: Either party may terminate this Agreement for convenience upon days' written notice. Upon termination Client shall pay Architect for all services performed and reimbursable expenses incurred to the date of termination, including work-in-progress.

Termination for Cause: Either party may terminate for material breach if the breach remains uncured for days after written notice. The terminating party's remedies are in addition to any other remedies at law or equity.

CONFIDENTIALITY

Each party shall treat as confidential all proprietary information and design documents of the other party and shall not disclose such information to third parties except to the extent necessary to perform obligations under this Agreement, to obtain permits, or as required by law. Confidential materials shall be returned or destroyed upon written request of the disclosing party, except that Architect may retain one archival copy for its records.

LIMITATION OF LIABILITY; INDEMNITY

Architect's liability to Client for any claim arising out of or relating to this Agreement shall not exceed the total compensation paid to Architect under this Agreement. In no event shall Architect be liable for consequential, incidental, special or punitive damages. This limitation shall apply to all causes of action whether in contract, tort (including negligence), strict liability or otherwise, except to the extent prohibited by law.

Client shall indemnify and hold Architect harmless from and against claims, liabilities, damages and expenses to the extent arising from Client's misuse of the documents, failure to provide accurate information, or construction that deviates from the approved design without Architect's written consent, except to the extent caused by Architect's negligent performance.

PERMITS, REVIEW AND COORDINATION

Architect will coordinate the structural documents with other design professionals as reasonably required. Submission of the plans to permitting authorities is included: . Fees for plan check or third-party review by agencies are not included unless expressly stated.

Yes    No

PROFESSIONAL CERTIFICATION AND STAMP

Architect certifies that to the best of Architect's knowledge the structural documents will be prepared under the direct supervision of a licensed structural engineer and will bear the required professional stamp and license number where applicable.

Plans Sealed: Seal and signature will be affixed to permit submission documents as required by governing licensing authority.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state identified as the governing state: . Any dispute arising out of this Agreement shall be resolved by litigation in the appropriate court in that state, unless the parties agree in writing to mediation or arbitration.

ENTIRE AGREEMENT

This Agreement, together with any referenced exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations and understandings, whether written or oral. No amendment or modification shall be binding unless made in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Architect may assign receivables to a financial institution.

Severability: If any provision is held unenforceable, the remainder shall remain in effect. Waiver of any breach shall not constitute waiver of subsequent breaches.

Authorized Representative for Client: Title:

Authorized Representative for Architect: Title:

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