Simonson Design Lab, Inc. Design Agreement

Transcription

1 Simonson Design Lab, Inc. The Terms Consultation Time: The time you spend working directly with a designer either with or without your builder. We highly recommend you use the A Guide to Designing Your Custom Home with Simonson Lumber and particularly the Customer Wish List section to prepare as much as you can before your meetings with our designers. We also encourage you to use the Simonson Design Studio to work through your ideas on your own. Simonson Design Lab: Simonson has developed a studio where we can work with our customers to develop their design ideas. More than that, it is a space where customers (kids included!) can take their time in working out ideas using traditional paper and pencil and some high-tech, easy to use tools. This area allows clients to work out many ideas before meeting with a designer and can make the time with a designer much more productive.

2 2 of 10 Preliminary Plan: Blueprints of sufficient detail to allow the client (or the client and their chosen builder) to get complete bids for the construction of the project. Some elements of the construction documents will be provided by sub-contractors the types and scope of work varying based on jurisdiction and not Simonson s. Electrical, plumbing, landscaping, HVAC are always provided by others and not Simonson s but Simonson s will work with these and other subcontractors to include their work in the plans. Additional fee s may apply and will be negotiated before any work is begun. Further, Simonson s is not providing engineering nor architectural services unless separately contracted. Construction Plan: Plans with additional detail sufficient for the client or builder to complete the construction of the project. In addition to being sufficient for construction, Simonson s will also assure enough detail for all normal construction permits (however, variances cannot be guaranteed). Some elements of the construction documents will be provided by sub-contractors the types and scope of work varying based on jurisdiction and not Simonson s. Electrical, plumbing, landscaping, HVAC are always provide but others and not Simonson s but Simonson s will work with these and other subcontractors to include their work in the plans. Additional fee s may apply and will be negotiated before any work is begun. Further, Simonson s is not providing engineering nor architectural services unless separately contracted. Elevation: A representation of two-dimensional elements with some vertical features of a house. (Front, rear, side, interior elevation). Shows a flat view of the different exterior views of the project. These are usually not dimensioned but can have elevation markings as needed for construction. Exterior 3-D Perspective: Similar to an elevation except that the vertical features are not flat but drawn in perspective view to give all parties a better idea of what these elements of the project will look like in real-life. Oculus Rift/HTC Vive Virtual Reality: Similar to an elevation except that the vertical features are not flat but drawn in perspective view to give all parties a better idea of what these elements of the project will look like in real-life. BIMx Model: The heart of our design service is the BIMx Model. This is a simulated 3-D model that you can control on your ipad, iphone, Android device, or computer. This differs considerably from simple 3D perspective drawings (which Simonson s also provides as part of this service), or 3-D fly through in that you move around your model as you wish whenever you wish. These Models are in limited color and are

3 3 of 10 rough in that they do not show every precise material visual and texture but they bring something very unique and powerful to you design process. We can provide far more detailed BIMx Models for an additional cost. Color Rendering: Photo realistic renderings display your project as close as we can on a computer screen to how it will look in real-life. Although impressive, there is still a significant difference between the screen and the real world. So, unfortunately, color renderings are of limited usefulness in picking out actual colors for your project. But they re a great help for seeing your building project as close as you can to the real thing. Energy Evaluation: We can provide energy comparisons between designs competing designs you are considering for an additional fee. While we cannot give you specific energy cost estimates on your design, we can tell you which of those competing designs will be more or less energy efficient. Think of it as an overall rating you can use to build a more efficient structure. Variance Application: Certain building requirements can be waived or varied under certain circumstances. Simonson s can work with the local building inspectors to see if any variances you may require are available. You or your builder will ultimately need to be legally responsible for seeking the variance but we will provide the documents necessary to seek your variance.

4 4 of 10 The Fees Simonson s charges $2.05 (rambler) & $1.85 (two-story) per sq. ft. of finished area of project (basement and garage are excluded and you are NOT charged for these spaces). For this fee Simonson s will provide: - Consultation Time (based on sq. ft.) Time Up to 1,500 5 hours 1,500 to 3,000 6 hours 3,001 to hours 5,001 to 8, hours Over 8,000 Negotiated - Full access to the Simonson Design Studio when possible for the customer. - Preliminary Plans sufficient to complete bidding - Elevations - BIMx Model - Exterior 3-D Perspectives - Construction plans sufficient to complete construction (some elements of the plan are provided by subcontractors)*. - Oculus Rift/HTC Vive VR file (viewable at Simonson or on your computer if it has sufficient capabilities. - Additional consultation time beyond that noted above at $86 per hour - Additional drafting time after completion of the construction plans at $75 per hour (hours agreed in advance) North Dakota and Minnesota only. Call for other states.

5 5 of 10 Simonson s can also provide these additional services: Color renderings $350 Energy Evaluations negotiated Variance Applications $200 Detailed BIMx Model $450 The Legalese Drafting/Design Work Order contract is valid for 1 year unless otherwise approved by Simonson s: Plans furnished by Simonson Design Lab, Inc. are prepared by Draftsmen who may or may not be qualified as architects or Professional Engineers and who may have no training in architecture or Professional Engineering. Simonson Design Lab, Inc. expressly disclaims a liability whatsoever of errors of any kind which may be found on the plans. Use of such plans shall be the sole risk of the user. The furnishing of plans by Simonson Design Lab, Inc. present to this agreement is considered a service, and not a sale of a good. The plans are furnished without warranty, whether expressed or implied that they are suitable for any general or particular purpose. Reliance by any user upon these plans, and all responsibility for the usage of correct structural materials, spans, load bearings or the application of the art or science of construction based on the principle of Mathematics, aesthetics, or the physical science is the responsibility of the builder, the owner, or the user of the plans. Any use, reproduction, copying, modification, derivative work of the plan(s) furnished by Simonson Design Lab, Inc. is a violation of the Unites States Federal Copyright Act.

6 6 of 10 Important Copyright Information: Building plans and layouts are protected under the United States Federal Copyright Act. This may include the unauthorized copying of this or another s designs or blueprints. Should you have any questions regarding whether your building ideas are original or may institute copyright infringement you should consult your attorney. Simonson Lumber & Hardwar, Inc. is acting only as a drafting/design service and cannot assume any responsibility for where your ideas or layouts, if any, were obtained. As such, by signing this document you are acknowledging that you agree to indemnify and defend Simonson Design Lab, Inc. for any claim of copyright infringement due to the ideas or plans that you have brought into Simonson Design Lab, Inc. for the draftsmen s use. Simonson Design Lab, Inc. is relying upon this agreement and your representations that your ideas are original or that you have obtained the proper license or permission to use the ideas represented in your plans. Without this representation and agreement, Simonson Design Lab, Inc. would not assist you in your drafting/design work. By the payment of the one-time drafting/design fee, or purchase as outlined above, Simonson Design Lab, Inc. hereby grants you a limited license to use the working drawings and plans. You may use the plans for construction of only one structure or dwelling. You may not make any copies of the plans for any purpose except in the case where multiple sets will be needed to build one structure or dwelling. You may loan all or any part of the plans to third parties, including associated, contractors and sub-contractors but only as necessary to assist you in the construction of the home depicted by the plans, under the condition that such plans are returned upon completion of the third parties work or destroyed. Simonson Design Lab, Inc. retains the copyrights to, and ownership of, the plans and any changes or modifications made to the plans. Your payment of the one-time drafting service fee or purchase as outlined for drafting and use of the plans does not transfer any right, title or interest except as provided in this license agreement. This license agreement shall remain in effect for as long as you retain the plans. The license may not be transferred or sold to third parties. Customers who wish to use the plans for construction of more than a single structure or dwelling, preparation or derivative work, or who have special needs, should inquire directly to Simonson Design Lab, Inc.

7 7 of 10 The Signatures Includes the following work provided: Site Plan Floor Plans Roof Plan Exterior Elevations Sections BIMX Oculus Rift/HTC Vive Virtual Reality Walk-Thru: 3D Prints Photo Realistic Interior Renderings Photo Realistic Exterior Renderings Walk-Thru Videos Interior Design Client: I have read and understand this document. By signing below, I authorize Simonson Design Lab to proceed with the drawings/ design for my project. I agree to pay the drafting/ design service fees associated with this work order and further agree to indemnify and defend Simonson Design Lab for any claim of copyright infringement for plans I provided to Simonson Design Lab. Plans furnished by Simonson Design Lab are prepared by Draftsmen who may or may not be qualified as architects or Professional Engineers and who may have no training in architecture or Professional Engineering. Simonson Design Lab expressly disclaims a liability whatsoever of errors of any kind which may be found on the plans. Use of such plans shall be the sole risk of the user. The furnishing of plans by Simonson Design Lab present to this agreement is considered a service, and not a sale of a good. The plans are furnished without warranty, whether expressed or implied that they are suitable for any general or particular purpose. Reliance by any user upon these plans, and all responsibility for the usage of correct structural materials, spans, load bearings or the application of the art or science of construction based on the principle of Mathematics, aesthetics, or the physical science is the responsibility of the builder, the owner, or the user of the plans. Any use, reproduction, copying, modification, derivative work of the plan(s) furnished by Simonson Design Lab is a violation of the Unites States Federal Copyright Act.

8 8 of 10 Important Copyright Information: Building plans and layouts are protected under the United States Federal Copyright Act. Parties found in violation of the United States Federal Copyright Act may face compensatory and statutory damagers in favor of the wronged party. Violations may include the unauthorized copying of this or another s designs or blueprints. Should you have any questions regarding whether your building ideas are original or may institute copyright infringement you should consult your attorney. Simonson Design Lab is acting only as a drafting/design service and cannot assume any responsibility for where your ideas or layouts, if any, were obtained. As such, by signing this document you are acknowledging that you agree to indemnify and defend Simonson Design Lab for any claim of copyright infringement due to the ideas or plans that you have brought into Simonson Design Lab for the draftsmen s use. Simonson Design Lab is relying upon this agreement and your representations that your ideas are original or that you have obtained the proper license or permission to use the ideas represented in your plans. Without this representation and agreement, Simonson Design Lab would not assist you in your drafting/design work. Printed Name: Signature: Date:

9 9 of 10 Customer Billing Information: Project Name: Billing Address: Phone Number: Address: Design Fee Schedule: Hourly Rate: $75.00/ Hour x (Estimated Time): Total Estimated Fee: Price per Sq. Ft.: $ x (Estimated Sq. Footage): Total Estimated Fee: Payment(s): First Half Payment: (Required at Project Start) Second Half Payment: (Required Upon Permit Ready Documents) Simonson Design Lab: Upon final payment, Simonson Design Lab agrees to provide a one-time license to the client for use in building the project designed. Simonson Design Lab retains all present and future copyrights. The client may modify the plans as needed for the purposes of using this 0ne-time license. Simonson Design Lab is providing drafting support only and makes no claim to any copyrights. Further, Simonson Design Lab agrees to protect all copyrights of the client providing material to Simonson Design Lab. Signature: Date:

10 10 of 10 Notes: