Architect Services Agreement

This Architect Services Agreement (the "Agreement") is entered into by and between architect_name (the "Architect") and client_name (the "Client"), collectively referred to as the "Parties."

WHEREAS, Client desires to engage Architect to provide professional architectural services for the following project: project_description (the "Project"); and WHEREAS, Architect is a licensed architect with the qualifications and experience necessary to provide such services; NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as follows:

1. Scope of Services

1.1 Basic Services

Architect shall provide the following basic architectural services for the Project (the "Basic Services"): (a) Schematic Design Phase; (b) Design Development Phase; (c) Construction Documents Phase; (d) Bidding and Negotiation Phase; and (e) Construction Administration Phase. The scope of each phase is described in detail in Sections 2 through 6 of this Agreement.

1.2 Additional Services

If Client requests services beyond the Basic Services, such services shall be considered "Additional Services" and shall be provided by Architect at additional compensation as agreed in writing. Examples of Additional Services include: (a) environmental assessments; (b) interior design; (c) landscape design; (d) feasibility studies; (e) as-built drawings; (f) LEED certification assistance; (g) 3D renderings and animations; and (h) expert witness services.

1.3 Standard of Care

Architect shall perform all services in accordance with the professional standard of care ordinarily exercised by architects practicing in the same locality under similar conditions. Architect shall comply with all applicable laws, codes, regulations, and professional standards in the performance of the services.

1.4 Consultants

Architect may engage consultants (including structural, mechanical, electrical, and civil engineers) as necessary for the proper performance of the services. The selection of consultants shall be subject to Client's reasonable approval. Architect shall be responsible for the quality and coordination of all consultant services. The cost of consultant services shall be included in the Fee unless otherwise specified.

2. Schematic Design Phase

2.1 Programming

Architect shall consult with Client to understand and document the Project requirements, including functional needs, space requirements, aesthetic preferences, budget constraints, and schedule objectives. Architect shall prepare a written program summarizing the Project requirements for Client's review and approval.

2.2 Schematic Design Documents

Based on the approved program, Architect shall prepare schematic design documents, including: (a) preliminary floor plans showing the general arrangement and layout of spaces; (b) preliminary elevations and sections; (c) site plan showing the building's relationship to the site; (d) preliminary material selections and design concepts; and (e) a preliminary estimate of the Project's probable construction cost.

2.3 Client Review

Architect shall present the schematic design documents to Client for review and approval. Client shall provide feedback within ten (10) business days. Architect shall incorporate Client's approved changes before proceeding to the Design Development Phase.

3. Design Development Phase

3.1 Design Development Documents

Based on the approved schematic design, Architect shall prepare design development documents that further define and describe the size and character of the Project, including: (a) refined floor plans with dimensions; (b) detailed elevations and sections; (c) outline specifications describing materials, systems, and finishes; (d) structural, mechanical, electrical, and plumbing systems concepts; and (e) an updated estimate of the Project's probable construction cost.

3.2 Material and System Selections

During this phase, Architect shall assist Client in selecting major building materials, finishes, systems, and equipment. Architect shall present options with cost implications for Client's consideration and approval. Architect shall coordinate material selections with the structural and building system requirements.

3.3 Regulatory Review

Architect shall review the design development documents for compliance with applicable building codes, zoning regulations, and other applicable laws. Architect shall identify any potential issues and recommend solutions. If variances or special permits are required, Architect shall notify Client and assist in the application process.

4. Construction Documents Phase

4.1 Construction Documents

Architect shall prepare construction documents consisting of drawings and specifications that set forth in detail the requirements for construction of the Project. The construction documents shall include: (a) detailed architectural drawings, including plans, elevations, sections, and details; (b) structural drawings and specifications; (c) mechanical, electrical, and plumbing drawings and specifications; (d) site and landscape drawings; (e) door and window schedules; (f) finish schedules; and (g) technical specifications for all materials and systems.

4.2 Specifications

Architect shall prepare comprehensive technical specifications describing the quality and performance requirements for all materials, products, systems, and workmanship. Specifications shall be organized in accordance with the Construction Specifications Institute (CSI) MasterFormat or other recognized organizational system.

4.3 Code Compliance

Architect shall ensure that the construction documents comply with all applicable building codes, fire codes, accessibility requirements (including ADA), energy codes, and other applicable regulations. Architect shall submit the construction documents to the appropriate authorities for building permit review and shall respond to any review comments or correction notices.

4.4 Cost Estimate

Architect shall prepare or obtain a detailed estimate of the Project's probable construction cost based on the construction documents. If the estimate exceeds Client's budget, Architect shall work with Client to modify the design to bring the estimated cost within the budget, without additional compensation, provided that the budget increase is not caused by factors beyond Architect's control.

5. Bidding and Negotiation Phase

5.1 Bid Documents

Architect shall assist Client in preparing bid documents, including the construction documents, general conditions, supplementary conditions, bid forms, and instructions to bidders. Architect shall assist Client in identifying qualified contractors and distributing bid documents.

5.2 Bid Period

During the bidding period, Architect shall respond to bidders' questions, issue addenda as necessary to clarify or modify the bid documents, and conduct pre-bid conferences. Architect shall assist Client in evaluating bids and shall provide recommendations regarding contractor selection.

5.3 Contract Negotiation

Architect shall assist Client in negotiating the construction contract with the selected contractor, including reviewing proposed contract terms, ensuring consistency with the construction documents, and recommending modifications as appropriate.

6. Construction Administration Phase

6.1 General Administration

Architect shall provide administration of the construction contract as described in this Section. Architect's construction administration services shall include: (a) attending regular construction progress meetings; (b) reviewing and processing contractor submittals, including shop drawings, product data, and samples; (c) reviewing and certifying contractor applications for payment; (d) observing construction to determine general conformance with the construction documents; and (e) preparing and maintaining a project record.

6.2 Site Visits

Architect shall make periodic site visits at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is being performed in accordance with the construction documents. Architect shall report observations to Client and shall promptly notify Client of any observed deficiencies.

6.3 Submittals

Architect shall review and approve or take other appropriate action on the contractor's submittals, including shop drawings, product data, and samples, for conformance with the design intent expressed in the construction documents. Architect shall act with reasonable promptness to avoid delay in the construction. Review of submittals is not conducted for the purpose of determining the accuracy or completeness of details such as dimensions and quantities.

6.4 Changes

Architect shall prepare and issue change orders and construction change directives as authorized by Client. Architect shall review the contractor's proposals for changed work and shall advise Client on the appropriateness of proposed costs and time extensions.

6.5 Substantial and Final Completion

Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, shall prepare punch lists of items to be completed or corrected, and shall issue certificates of Substantial Completion and Final Completion.

7. Compensation

7.1 Fee

Client shall pay Architect a total fee of fee for the Basic Services (the "Fee"). The Fee shall be allocated among the phases of Basic Services as follows: (a) fifteen percent (15%) for Schematic Design; (b) twenty percent (20%) for Design Development; (c) forty percent (40%) for Construction Documents; (d) five percent (5%) for Bidding and Negotiation; and (e) twenty percent (20%) for Construction Administration.

7.2 Payment Schedule

Architect shall submit monthly invoices to Client based on the percentage of services completed within each phase. Client shall pay each invoice within thirty (30) days of receipt. If payment is not received within thirty (30) days, Architect may charge interest at one and one-half percent (1.5%) per month on the overdue amount.

7.3 Additional Services Compensation

Additional Services shall be compensated at Architect's standard hourly rates or at a fee agreed upon in writing before the Additional Services are performed. Architect shall provide Client with a written estimate of the fee for Additional Services and shall obtain Client's written authorization before commencing the work.

7.4 Reimbursable Expenses

Client shall reimburse Architect for reasonable expenses incurred in connection with the services, including: (a) printing and reproduction costs; (b) postage and delivery charges; (c) travel expenses approved by Client in advance; (d) filing fees for permits and approvals; and (e) other expenses approved by Client. Reimbursable expenses shall be billed at cost plus a markup of ten percent (10%).

8. Ownership of Documents

8.1 Instruments of Service

All drawings, specifications, models, and other documents prepared by Architect in connection with the Project (the "Instruments of Service") are instruments of Architect's professional service and shall remain the property of Architect, whether the Project is executed or not. Client shall receive a license to use the Instruments of Service solely for the purpose of constructing, using, maintaining, and altering the Project, provided that Client has made all payments due under this Agreement.

8.2 Restrictions on Use

Client shall not use the Instruments of Service for other projects, for additions to the Project not contemplated by this Agreement, or for the completion of the Project by others, without Architect's prior written consent. Any use of the Instruments of Service without Architect's consent shall be at Client's sole risk and without liability to Architect.

9. Insurance

9.1 Professional Liability

Architect shall maintain professional liability (errors and omissions) insurance with minimum limits of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate throughout the term of this Agreement and for a period of three (3) years following completion of the services.

9.2 General Liability

Architect shall maintain commercial general liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Client shall be named as an additional insured on the general liability policy.

9.3 Workers' Compensation

Architect shall maintain workers' compensation insurance as required by applicable law. Architect shall provide Client with certificates of insurance for all required coverages upon request.

10. Limitation of Liability

ARCHITECT'S TOTAL LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEE PAID OR PAYABLE TO ARCHITECT UNDER THIS AGREEMENT. IN NO EVENT SHALL ARCHITECT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Client acknowledges that the Fee charged by Architect reflects the allocation of risk set forth in this Section. If Client desires a higher limit of liability, Architect may agree to increase the limit for an additional fee.

11. Indemnification

11.1 Architect Indemnification

Architect shall indemnify Client from claims, damages, and losses arising from Architect's negligent acts, errors, or omissions in the performance of the services, to the extent such claims are caused by Architect's negligence.

11.2 Client Indemnification

Client shall indemnify Architect from claims arising from Client's acts or omissions, or from the acts or omissions of the contractor or other parties not under Architect's control.

12. Confidentiality

Each Party shall maintain the confidentiality of all non-public information received from the other Party in connection with this Agreement. This obligation shall survive termination for a period of three (3) years.

13. Term and Termination

13.1 Term

This Agreement shall commence upon execution and shall continue until all services are completed, unless earlier terminated.

13.2 Termination by Either Party

Either Party may terminate this Agreement upon thirty (30) days' written notice. Upon termination, Client shall pay Architect for all services performed and expenses incurred through the date of termination.

13.3 Suspension

If the Project is suspended by Client for more than ninety (90) consecutive days, Architect may terminate this Agreement upon fifteen (15) days' written notice. Client shall pay Architect for all services performed and expenses incurred through the termination date, plus reasonable close-out costs.

14. Dispute Resolution

Any dispute shall first be submitted to good-faith negotiation for thirty (30) days, then to mediation for sixty (60) days, and if unresolved, to binding arbitration in accordance with the rules of the American Arbitration Association.

15. General Provisions

15.1 Entire Agreement

This Agreement constitutes the entire agreement between the Parties.

15.2 Amendments

Amendments require a written instrument signed by both Parties.

15.3 Assignment

Neither Party may assign without prior written consent.

15.4 Governing Law

This Agreement shall be governed by the laws of the state in which the Project is located.

15.5 Severability

If any provision is held invalid, the remaining provisions continue in full force.

15.6 Notices

All notices shall be in writing and deemed given when delivered personally, by confirmed email, or by overnight courier.

15.7 Counterparts

This Agreement may be executed in counterparts. Electronic signatures shall be deemed original signatures.

IN WITNESS WHEREOF, the Parties have executed this Architect Services Agreement as of the date last signed below.

Architect

architect_name

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]

Client

client_name

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]