Simonson Lumber Co. Design Agreement

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1 Simonson Lumber Co.

2 2 of 7 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 Studio: Simonson has developed an studio where we can work with our customers do 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. 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. 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 can not be guaranteed). Some elements of the construction documents will be provided by sub-contractors and not Simonson s. Elevation: A representation of three dimensional elements of some vertical feature of a house in two dimensional space. (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 and 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.

3 3 of 7 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 3- D 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 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 you 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. While we can not 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 a 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 7 The Fees Simonson s charges $1.85 per sq. ft. of finished area of project. 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 - 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). - Additional consultation time beyond that noted above at $68 per hour - Additional drafting time after completion of the construction plans at $68 per hour (hours agreed in advance)

5 5 of 7 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 Lumber & Hardware, Inc. are prepared by Draftsmen who are may or may not be qualified as architects or Professional Engineers and who may have no training in architecture or Professional Engineering. Simonson Lumber & Hardware, 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 Lumber & Hardware, 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 Lumber & hardware, Inc. is a violation of the Unites States Federal Copyright Act.

6 6 of 7 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 Lumber & Hardware, Inc. for any claim of copyright infringement due to the ideas or plans that you have brought into Simonson Lumber & Hardware, Inc. for the draftsmen s use. Simonson Lumber & Hardware, 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 Lumber & Hardware, 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 Lumber & Hardware, 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 Lumber & Hardware, 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 Lumber & Hardware, Inc.

7 7 of 7 The Signatures (This Page Intentionally Left Client: I have read and understand this document. By signing below, I authorize Simonson Lumber & Hardware, Inc. to proceed with the drawings/design for my project, agree to pay the drafting/design service fees as stated within this work order and further agree to indemnify ad defend Simonson Lumber & Hardware, Inc. for any claim of copyright infringement due to plans or ideas which I may have supplied to my draftsmen. Signature: Printed Name: Billing Address: Main Phone: Date: Project Name: Simonson Lumber & Hardware Inc.: Simonson Lumber Co. agrees to provide the services described above. Signature: Name: Date:

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