Construction Project Drawings

CONSTRUCTION PROJECT DRAWINGS AGREEMENT

Parties and Project Identification

Effective Date:

Recitals

WHEREAS, Client requires construction drawings, specifications and associated design deliverables for the Project identified above; and

WHEREAS, Provider represents that Provider is duly qualified and experienced to prepare, deliver and revise construction drawings and related documents in accordance with industry standards and applicable codes; and

WHEREAS, the parties desire to set forth the terms and conditions under which Provider will prepare, deliver and license the Construction Project Drawings for the Project.

Scope of Work

Provider shall prepare and deliver the drawings and related documents described below. Provider's obligations include preparation, coordination, and delivery of drawings in accordance with the Project schedule and the standards set forth in this Agreement.

Deliverables shall include all plan sets, sections, details, schedules and specifications reasonably necessary for bidding and construction, unless expressly excluded in the Scope of Work above.

Deliverable Formats and Distribution

Provider will deliver drawings in the formats selected below. Provider will deliver the number of hard copies and electronic copies as specified, and will record distribution to recipients identified by Client.

PDF (portable document format)

DWG (native CAD files)

Full-size printed sets

Standards, Codes and Professional Warranty

Provider shall prepare drawings in conformance with generally accepted professional standards and with applicable codes, ordinances and regulations in effect at the date of issuance. Provider warrants that services will be performed with the skill and care ordinarily exercised by members of the profession performing similar services under the same or similar circumstances.

Revisions, Reviews and Approval

Provider will incorporate Client's reasonable comments during up to the number of revision cycles set forth below. Additional revisions beyond that number shall be billable as change orders at Provider's standard rates.

Payment Terms

Client shall pay Provider the fees and expenses described below in consideration for Provider's preparation and delivery of the Construction Project Drawings.

All invoices are due as set forth in the Payment Schedule. If Client fails to pay any undisputed amount when due, Provider may suspend delivery of further deliverables after seven (7) calendar days' written notice and may charge interest as described above.

Term and Termination

This Agreement shall commence on the Effective Date and shall continue until the earlier of completion of the Scope of Work or termination in accordance with this section.

Start Date: End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period specified above. Upon termination, Client shall pay Provider for services performed and deliverables completed to the date of termination, including any reasonable demobilization costs.

Confidentiality

Each party agrees to keep confidential all proprietary information disclosed by the other party relating to the Project, including but not limited to non-public drawings, specifications, pricing, and trade secrets. Confidential information shall not include information that is or becomes publicly available other than by breach of this Agreement, or information independently developed by the receiving party.

Intellectual Property and Use of Drawings

Provider retains the copyright in the drawings and documents prepared under this Agreement, subject to a limited license to Client as described below. Provider grants Client a non-exclusive, non-transferable license to use the drawings for the construction, operation and maintenance of the Project for which the drawings were prepared. Any other use, reproduction, or modification of the drawings without Provider's written consent is prohibited.

Liability, Indemnity and Insurance

Each party shall indemnify and hold harmless the other party from claims arising out of its negligent acts or omissions. Provider's liability for damages arising out of this Agreement shall be limited to direct damages and in no event shall Provider be liable for consequential, incidental, special or punitive damages. Client shall maintain insurance sufficient to cover the Project and Provider shall maintain professional liability insurance in amounts customary for the services provided.

Record Drawings and As-Builts

Provider shall, if included in the Scope of Work, prepare record drawings (as-builts) reflecting changes made during construction, based on information provided by Contractor and Client. Provider's preparation of as-built drawings is dependent on timely and accurate information from the contractor and is not a verification of contractor work.

Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state of . This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Changes and Additional Services

Client may request changes to the Scope of Work. Provider shall notify Client in writing if the requested changes will affect the schedule or fee. Additional services shall be authorized in writing and billed in accordance with Provider's standard hourly rates or a mutually agreed lump sum.

Notices

All notices required by this Agreement shall be in writing and delivered to the addresses set forth above by hand, certified mail, or nationally recognized overnight courier and shall be effective upon receipt.

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