Titus Dormer PPS Aug 22-2024DESIGN • BUILD
PROJECT PLANNING SERVICEdAGdREEf~1tsEd~"!'e of mutual execution, as evidenced h "A ment") ate as O r • d r bTty This Project Planning Services Agreementd(h:reinafte~OeRKS g;~~ESSE DEBENEDICTIS, LLC (a Massachusettst~~~R~; f~~ its by signatures below, is executed by an . etwe7n d f ed in signature block). Client agrees to compensa company) (hereinafter "WORKS") and Client (~s ater_ e inl . services as defined herein. pre-construction proJect Panning
PURPOSE OF AGREEMENT . as later defined). Toward that end, this G I Contractor/Builder/Remodeler for the ProJect ( . f d t the execution of a Client desires to retain WORKS to serve as f de~er~ining the specific details of the Project prior t~ mbolving o~~ d ~elow (the following Agreement is executed for the purpose o e er d dd d resolve where apphca e, as se e e , . • construction contract· specifically, this Agreement is intende to a. ress an ov~rnment approvals, architecture, engineerin~, mt~nor not intended to be a c~mplete list) Project feasibil_ity, firm ~ost, zon~ng, n7~~s~~~ gelectrical, HVAC, windows, doors, exterior and mtenor design, general conditions, demolition, fo~ndat,ofin, framing!, rot o ·~gg, ppainting flooring, and landscaping. finishes, cabinetry, 1xtures, P as en ' '
At the end of this process the Client will have: . d h ent ) a clear understanding of the permits an ot er governm . a approvals required, as well as the estimated time necessary to obtain,
b) (if selected below) drawings to scale, . . . c) (if selected below) all engineeri~g or other sc1ent1fic studies
necessary to complete construction,
d) (if selected below) interior design,
e) a scope of work,
f) a finish materials list,
g) a projected construction schedule,
h) a construction budget, and
i) a proposed construction contract, in executable form.
SCOPE OF SERVICE
WORKS by JD Project Planning Services
Additional Specialty Services:
~ Architect (Scale Drawings)
D Engineering
□ Interior Design
□ Surveyor
□ Hazmat
□ Other
Total Cost of this Agreement:
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·he total Estimated Cost of this Agreement must be prepaid in full before any work can start and is non-refundable. Additional work )nd the original scope of this Agreement is sometimes necessary. In the event of hiring of 3rd party entities; i.e., Architects, Engineer: !yors, Hazmat Testing, or other services may be required, but not known or identified at the time this agreement's execution, a Chan! ,rder will be issued. A Change Order is an addendum to this agreement. It is used to add or subtract from the scope of work (labor, vices and or materials) and the costs associated with such, as outlined in this document. It will be issued to you by WORKS by JD for review and signature. All Change Orders require a deposit and must be signed by you (the Client) and a WORKS by JD representati· :ore any work outlined in the Change Order can be started. WORKS by JD will invoice you for any work performed under the changE er. If you have any questions regarding an issued Change Order inform your Works by JD representative before you sign the Change Order. Any service or material outlined in the Change Order will not be ordered until both parties have signed the Change Order.
Client Signature
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TARGET BUDGET RANGE
The client-approved set aside budget (herein,er the "Target Budget") for the Project is:
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Target Budget Range for this Project
An Important Word About Target Budgets: WORKS and the Client agree that the primary purpose if this Agreement is to translate, given
to the Client by WORKS absent the benefit of a detailed set of drawings or a detailed scope of work, into a firm cost of construction that can
be documented as an executable construction contract. This translation process begins with the Client setting the Target Budget, said Target
Budget being the dollar amount the Client as approved and is prepared to sign a construction contract for in response to the initial estimate
given, said estimate being WORKS' best, good faith prediction of what the proposed Project will cost. Client hereby acknowledges that:
1. The initial estimate given was calculated by WORKS quickly, using historic, per-foot costs of construction for similar projects,
2. Works does not currently possess sufficient information to provide the Client with a firm cost of construction -in fact, doing all
the work, and compiling and distilling all the information necessary to be able to do so is the very purpose of this Agreement,
3. WORKS does not represent, warrant or otherwise guarantee that the Project contracted at the initial estimate given. Client
hereby acknowledging that the final cost of the Project will be driven by a multitude of factors that are each outside of WORKS'
control, such as existing conditions, cost inflation, complexity of design and perhaps most important, the Clients own choice of
materials, finishes, fixtures, electrical and plumbing design and systems, appliances, windows, doors, HVAC systems, and roofing.
Client hereby acknowledges that the firm cost of construction that results from this process may vary, and might even vary substantially,
from the initial estimate given, this initial estimate being the prediction upon which the Target Budget was created.
OWNERSHIP OF WORK PRODUCT
1
·he services to be provided per this Agreement are provided in contemplation of the execution of a construction contract (here-
nafter the "Contract"), it being the intention of the parties hereto that within a reasonable time following the completion of this
preliminary step WORKS will commence work on the Project. However, in the event the Contract is not successfully negotiated
3nd executed, the Client shall own the work product generated as a result of this Agreement and shall be permitted to engage
another contractor as Client deems appropriate.
MEDIATION / ARBTRATION / SMALL CLAIMS
,y and all disputes between the parties arising out of any alleged breach of this Agreement shall be resolved as follows:
1. Either party may request meditation by giving written notice to the other. The notice shall include a brief description of the
disagreement. Mediation of disputes is encouraged, but neither party shall be required to accept mediation. If an offer to mediate is
accepted, the parties shall select a mutually agreed mediator, and shall schedule a mediation session as soon as reasonably possible.
Mediated results are nonbinding, but the parties may reduce any mediated resolution to writing and execute it as a binding contract.
The costs of mediation shall be equally divided by the parties.
2. Any monetary dispute between the parties that is not resolved by voluntary mediation, and that does not exceed this state's
jurisdictional limit for small claims, shall be resolved in the small claims court for the city or county where Works is located. The claimin
party will be responsible for filing its suit in accordance with small claims procedure. The parties agree to abide by the decision of the
small claims court.
3. All other disputes between the parties arising out of this Agreement, and any matters involving the parties that are not resolved by
small claims court litigation or mediation shall be decided by arbitration. Either party may request arbitration by giving written notice
to the other. The notice shall include a brief description of the matter in dispute. Should either party fail or refuse to participate in
arbitration proceedings, the arbitrator shall be authorized to proceed and to render a decision based on whatever evidence may be
presented. Decisions of the arbitrator shall be binding on both parties, and may not be appealed, or subject to rehearing. The costs
of arbitration, and any reasonable legal fee and expenses, shall be paid in accordance with the arbitrator's decision. If, however, the
arbitrator makes no such determination, the prevailing party's arbitration costs, reasonable attorneys' fees and/or additional legal
expenses shall be paid by the other party. For the purpose of this Agreement, the term "prevailing party" means that party in whose
favor the greater total monetary sum or more valuable equitable award is made, or in whose favor the dispute is resolved, regardle~
any settlement off er.
THE FOREGOING ARBITRATION CLAUSE WAS EXPLAINED TO ME D IS HEREBY AGREED TO:
Client Signature ignatory
'woRKs
DESIGN • BUILD
MISCELLANEOUS PROVISIONS
Jurisdiction: The provisions of this Agreement shall be interpreted in accordance with the laws of the
Commonwealth of Massachusetts.
Severability: Should any clause or provision of this Design Services Contract be ruled invalid or unenforceable in any court of competent jurisdiction, the remainder of the Contract shall nevertheless survive and be in full force and effect.
Entire Contract: This Agreement constitutes the entire contract between the Client and Works with respect to all matters contained herein, superseding all prior oral or written representation and contracts. No waiver, modification or change of any of the terms of this Agreement shall be valid unless executed in writing and signed by all parties hereto.
WORKS BY JESSE DEBENEDICTIS, LLC
(a Massachusetts limited liability company)
90 Park Street
Beverly, MA 01915
978-890-7152
For WORKS:
For Client:
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Client's Street Address
City I State I Zip
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Additional Contact Phone Number
The Project
The following briefly defines the project (the "Project") to be planned: -atav-~kvf .,, ~ &.11 wH1'Lit N1;,._,.n,c.,JL.L-r1JdmCYl(-rKo)