Legal Fire Plan Review

LEGAL FIRE PLAN REVIEW

This Legal Fire Plan Review Agreement (Agreement) is entered into as of Effective Date: by and between Reviewer Name: (hereinafter "Reviewer"), and Client Name: (hereinafter "Client").

RECITALS

WHEREAS, Client has submitted or will submit plan documents for the Project described below for review of fire protection features, egress, fire department access, and related life-safety systems; and

WHEREAS, Reviewer is a qualified professional authorized to perform plan review services and has represented that Reviewer possesses the requisite training, licensure and professional qualifications to perform the services set forth in this Agreement; and

WHEREAS, the parties wish to set forth the terms under which Reviewer will perform a legal fire plan review and report findings and required corrections to Client.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. PROJECT INFORMATION

New Construction Revision Resubmittal

Fire Alarm Systems Automatic Sprinkler Systems Means of Egress / Exit Access Fire Suppression Systems
Fire Department Access and Hydrants Smoke Control / Detection Hazardous Materials Storage/Handling Structural Fire Resistance

2. SCOPE OF REVIEW

Reviewer shall perform a limited document review of the plan documents identified above for conformance with applicable codes, regulations and standards as expressly identified in this Agreement and as communicated to Reviewer in writing. Reviewer’s services are limited to the professional review of submitted documents and do not include field observation, construction inspection, design services, or verification of installation unless expressly agreed in writing. Reviewer shall identify non-conforming items, omissions, and recommended corrective actions in a written Review Report in accordance with the Standard of Care described below.

3. STANDARD OF CARE

Reviewer shall perform services using the degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar conditions. Reviewer makes no guarantee that review will result in issuance of permits by any authority having jurisdiction. Reviewer’s determination that plans satisfy applicable code requirements is an opinion based on the documents provided and does not relieve Client or other design professionals of responsibility for the adequacy or compliance of design or construction.

4. FINDINGS, REPORTS AND DELIVERABLES

Reviewer shall prepare and deliver to Client a written Review Report that shall identify findings, required corrections, referenced code provisions, and the recommended corrective action for each non-conforming item. The Review Report is a record of Reviewer’s professional review and is not a design document. Reviewer will provide one initial Review Report and one resubmittal review pursuant to fees and timeframes set forth in Section 5 unless additional reviews are agreed in writing.

5. FEES, BILLING AND PAYMENT

Client shall pay Reviewer for services rendered in accordance with the fee schedule agreed between the parties. The base Review Fee shall be: . Additional reviews, expedited services, or supplemental reviews requested by Client or required due to incomplete submissions shall be billed at Reviewer’s standard hourly rates or as otherwise agreed in writing.

Invoices are due within 30 days of invoice date. Past due amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law and Client shall be responsible for collection costs and reasonable attorney’s fees incurred by Reviewer in enforcing payment.

6. RELIANCE AND LIMITATIONS

The Review Report is prepared for the benefit of Client and for reliance by permitting authorities specifically identified in writing. Any third party seeking to rely on the Review Report must be identified in advance and accepted in writing by Reviewer; otherwise Reviewer disclaims reliance by third parties. Reviewer’s review does not certify suitability for construction means or methods nor does it confirm compliance with requirements not visible or documented in the submitted plans.

7. CLIENT RESPONSIBILITIES

Client shall furnish complete and accurate plans, specifications and supporting information reasonably required by Reviewer to perform the review, shall designate a responsible representative, and shall promptly provide clarifications and supplemental information. Client acknowledges that Reviewer’s opinions are based only on the documents provided and that failure to provide accurate or complete information may invalidate Reviewer’s conclusions.

8. INDEMNIFICATION

To the fullest extent permitted by law, Client shall defend, indemnify and hold harmless Reviewer and its officers, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) to the extent arising out of or resulting from Client’s negligent acts, omissions, breaches of this Agreement, or misuse of the Review Report by Client or third parties relying on the Report without Reviewer’s prior written consent.

9. INSURANCE

Reviewer represents that Reviewer maintains professional liability insurance appropriate to the services provided. Policy limits and carrier information are available upon written request. Maintenance of insurance shall not be construed as a limitation on Reviewer’s liability to Client.

10. CONFIDENTIALITY

Unless otherwise required by law or by an authority having jurisdiction, Reviewer shall keep confidential Client’s proprietary information and shall not disclose the content of submitted plans or Review Reports to third parties without Client’s prior written consent, provided however that Reviewer may disclose such information to Reviewer’s consultants, counsel and insurers as necessary to perform the services or to defend against claims.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate in writing in accordance with this section. Notice is effective upon receipt.

12. AMENDMENT; WAIVER

No amendment to this Agreement shall be effective unless in writing and signed by both parties. No waiver of any breach shall constitute a waiver of any prior or subsequent breach.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Exclusive venue for any dispute arising out of or in connection with this Agreement shall be the state or federal courts located within that State, unless the parties agree otherwise in writing.

14. ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original.

15. REVIEWER CERTIFICATION

Reviewer certifies that the review was performed by or under the direct supervision of a qualified professional and that the Reviewer holds the following license/certificate: License/Certificate No. . Certification Date:

Sign Now