AECO_Contracts_and_Proposals/Out-in-the-Open/Master Proposal/_Master Proposal.md
2026-05-05 14:58:54 -05:00

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Proposal for OpeningDesign's Architecture and Engineering Services


FOR:


Project Location

Hi Kaine/Matthew,

Thank you for the chat the other day. We're excited to have the opportunity to share the following proposal.

  • Redo and/or renovate the existing den area at the back of the house
  • Bolster existing sagging roof

The following is a breakdown of services and phases we anticipate for your project.


Phases & Scope of Services

Phase 1 - Programming

  • Conduct zoning & building code analysis
  • Measure, model, and draft up the existing conditions relative to the scope of work

Phase 2 - Schematic Design

  • During this phase we will start developing how the project will be laid out. We will provide up to (2) layouts illustrated with the following documentation:
  • Architecture
    • Site Plan
    • Floor Plans
    • Building Sections, if necessary
    • Elevations, if necessary (Of the scope area only, not the entire building)


Phase 3 - Design Development

  • Here we will dial into one design by either refining one of the proposed designs and/or combining the desired aspects of the other design(s) proposed.

  • Architecture

    • Site Plan (of the scope area only)
    • Floor Plans
    • Demolition plans
    • Exterior Elevations, if necessary (Of the scope area only, not the entire building)
    • Building Sections

Early General Contractor(GC) Involvement

At the conclusion of this phase, we strongly advise sharing these drawings with your chosen contractor for preliminary estimates. Despite their 'schematic' nature at this point, the drawings will be developed sufficiently for your contractor to provide a rough estimate. While this estimate may have a margin of error due to the drawings not being 100% complete, an experienced general contractor should be able to provide an accurate enough assessment. This evaluation helps determine the financial feasibility of the planned scope and whether it's prudent to proceed to the more time-intensive fourth phase—Construction Documents.

Moreover, involving an experienced General Contractor (GC) and potentially their subcontractors early in the process can yield valuable insights into local supply chains and construction conventions. This early involvement aids in value engineering the project, facilitating the achievement of target costs at an early stage. In essence, making design adjustments earlier in the process is more straightforward compared to value engineering a fully detailed project in the later stages of design.


Phase 4 - Construction Documents

  • Out of all the phases listed in this proposal, the Construction Document phase is the most labor intensive. This is the phase where we dial into the exacting details of the design. We, along with our consultants, propose to provide the following construction documents for your project.

    • Architecture & Interior Design

      • Code summary
      • Site Plan (the scope as outlined in previous phases)
      • Demolition plans
      • Floor plans
      • Roof Plan
      • Building Sections
      • Building Elevations
      • Wall Sections, if necessary
      • Door Schedule, if necessary and door hardware schedule
        • does not include hardware, we will work with the GC's hardware vendor to dial in on specifics.
      • Window schedule, if necessary
      • Energy code check, if necessary (COMcheck/REScheck for example)
    • Structural

      • Footing and foundation plan.
        • We recommend getting a soils report from a third-party geotechnical engineer to determine the exact bearing capacity of the soil, ensuring accurate foundation sizing. Without this report, we'll assume a soil bearing capacity of 2,000 psi, which may result in oversized (more expensive) foundations. If no report is provided, we are not responsible for soil bearing less than 2,000 psi. We can help you get estimates for a soil bearing report.
      • Floor plans with structural member sizes
        • Does not include sizing of pre-engineered floor/roof trusses. These are usually sized by a 3rd party sub contractor/vendor
      • Structural calculations, if necessary
  • At the end of this phase we should have sufficient documentation to submit for permit. Often times, however, due to accelerated construction schedules, we will submit for permit a portion of the way through this phase, and complete the remaining documentation after the permit has been issued.

Level of Detail

Please recognize that the more comprehensive the construction documents, the 1) more precise the General Contractor's (GC) estimates will be, and 2) the fewer surprises will arise regarding the final construction. However, it's worth noting that detailed drawings come with higher design fees and an extended development timeline.

In many of our construction projects, clients often find a balance. They aim to invest just enough in design fees to secure an accurate bid, understanding that some details may be refined in collaboration with the contractor(s) and OpeningDesign during the project. This approach is particularly applicable when there's a high level of trust with the GC from the early stages and is the suggested approach as mentioned above in the Early General Contractor(GC) Involvement section, above.

If, on the other hand, you prefer more thorough documentation, please inform us. We are open to adjusting this proposal accordingly.


Phase 5 - Bidding and Issuing for Permit

  • In the event you have yet to contract with a general contractor (which we don't recommend waiting this long to engage with a GC for reasons noted above), we will facilitate a more formal bidding process in this phase. That is, if deemed necessary to get additional bids, we will help distribute the final construction documents to your list of preferred general contractors. We are also happy to help you shortlist a number of qualified contractors as well.
  • Answer GC & subcontractor's bid questions, issue clarifications
  • Issue the drawings for building permit review
  • Provide the AHJ, reviewing the drawings, with any additional drawings and/or clarifications they may request after their initial review. This happens quite often and is a typical part of the process.

Post Permit Changes

At times, our clients may propose alterations relatively late in the process, typically in Phase 4 and beyond. If these changes are small enough and submitted early, we can usually incorporate them into the base bid. However, if they are substantial and submitted too late, we will inform you and issue a not-to-exceed change order for your approval before initiating any work.

Should you choose to reissue a revised permit with these changes at a later date, please note that any additional work mandated by the Authority Having Jurisdiction (AHJ) for this revised permit is not covered in the base bid. Such additional work will be billed at an hourly rate as outlined in the enclosed billing rate schedule.

While we will strive to make post-permit changes code compliant, if you opt not to resubmit the plans to the AHJ for re-approval, OpeningDesign cannot assume liability for potential rework resulting from drawings that are not code compliant upon re-review or inspection.

Any change to the plans post-permit requires AHJ re-review and reapproval. It is your responsibility to inform us if you wish to resubmit. In some cases, major changes will necessitate resubmission to the AHJ, irrespective of their size.

Given the multifaceted nature of the building code, which is sometimes subject to local interpretation, we require the approval of the governing body (AHJ) to mitigate both our and your risk of liability. This requirement applies not only to construction after the initial permit issuance but also to any work performed before the first permit issuance.


Phase 6 - Construction Administration

  • Site visits
    • Assuming (1) on average of every 4 weeks (additional site visits, if necessary, will be billed at hourly rates outlined in this proposal, including mileage costs)
  • Review/Respond to the following GC inquiries
  • RFIs (request for information) from GC
    • The review of any late-in-the-game (Phase 4 and beyond) material/product substitutions and/or change orders will be on an hourly rate, over and above this base proposal
  • Shop drawings and submittals
  • Develop punch list, if necessary

What We're Not Responsible For During Construction

While we'll be actively involved during construction, it's important to understand the limits of our role. We are not responsible for:

  • The contractor's construction methods, means, techniques, sequences, or procedures
  • Safety precautions and programs on the construction site (this is the contractor's responsibility)
  • The contractor's failure to build the project according to the contract documents

Our role is to observe and report—not to supervise or direct the contractor's work. We'll keep you informed of what we see during site visits, but we won't be on site continuously and won't conduct exhaustive inspections of every aspect of construction.




Services not included:

Although we can provide the following services, we assume either they are not necessary or will be provided by the either the GC, a 3rd party via the GC, or directly contracted through you.

Please lets us know if you would like us to include any of the following.

  • Documentation requested by 3rd parties:
    • Sometimes the AHJ will request additional drawings/documentation outside the scope area.
  • Interior Elevations
  • Building/Walls Sections
  • 3D Renderings/animations
  • Interior design
  • Civil engineering, such as:

    • Storm water management/calculations
    • Grading and erosion control plan/details
    • Site stabilization details/methods.
    • Sediment control measures
    • Retaining wall design
  • Landscape design

  • HVAC/Mechanical Engineering

  • Electrical Engineering

  • Reflected ceiling plan

  • Lighting

  • Plumbing Engineering

  • Large scale (3" or 6" = 1'-0") construction details

  • Food Service or Commercial Kitchen Design, including equipment specification

  • Furniture, Fixtures & Equipment (FF&E) services

  • High-piled combustible storage documenation

  • Casework/millwork elevations

  • Large scale casework/millwork details

  • Large scale interior details

  • Long form (book) construction specifications

  • Structural work associated with shoring during construction

  • Land Surveying

  • Low Voltage Design

  • Audio/Visual Design

  • Extensive energy modeling beyond prescriptive requirements

  • LEED Design

  • LEED Commissioning

  • Hyper-Realistic Renderings

  • Detailed Cost Estimation

  • Fire Alarm

  • Fire Protection (Sprinklers)

  • Security

  • Signage Design/Layout

  • Acoustical Engineering Services

  • Geotechnical Engineering

  • Environmental Studies and Reports

  • Materials testing or special inspections

  • Information Technology

  • Legal Survey

  • Closeout Record Documents

  • Testing and Balancing of Installed Equipment

  • Environmental Studies

  • Commissioning Services

  • Moving Coordination

  • Post-occupancy Elevation/Studies

  • Maintenance and Operational Programming

  • Building Maintenance Manuals

  • Post-occupancy Evaluation

  • Extensive decorative finish studies

  • Art selection

  • Artwork Production Services

Not-to-Exceed Fee Proposal:

For Den Renovation:


Phase Not-To-Exceed Estimated Duration How Accurate a GCs Estimate Could be at Each Phase.
10.00% Phase 1:
Pre-Design & Programming
$400 0.5 wks ±30%
15.00% Phase 2:
Schematic Design
$600 0.8 wks ±25%
20.00% Phase 3:
Design Development
$800 1.1 wks ±15%
35.00% Phase 4:
Construction Documents
$1,500 1.8 wks ±10%
5.00% Phase 5:
Bidding and Issuing for Permit
$200 0.3 wks ±5%
15.00% Phase 6:
Construction Administration
$600 n/a ±0%
100.00% All Phases $4,100 4.5 wks
Retainer $820

For structural work around sagging roof:


Phase Not-To-Exceed Estimated Duration How Accurate a GCs Estimate Could be at Each Phase.
10.00% Phase 1:
Pre-Design & Programming
$200 0.2 wks ±30%
15.00% Phase 2:
Schematic Design
$300 0.3 wks ±25%
20.00% Phase 3:
Design Development
$400 0.4 wks ±15%
35.00% Phase 4:
Construction Documents
$600 0.8 wks ±10%
5.00% Phase 5:
Bidding and Issuing for Permit
$100 0.1 wks ±5%
15.00% Phase 6:
Construction Administration
$300 n/a ±0%
100.00% All Phases $1,900 1.9 wks
Retainer $380

Please note, these are not lump sum fees, but are instead, not-to-exceed fees, which are based on a percentage of construction costs. That is, if project costs go down/up, or less/more scope is involved over time, these fee ceilings will adjust relatively.

To illustrate, the table below provides an example of how the overall fee will go up or down relative to the overall cost of construction.

The Hourly Rates, called out below, will apply until this not-to-exceed fee is reached.

For Den Renovation:

Fee & Duration Based on Hypothetical Costs Of Construction
Possible Not-to-Exceed Fee Estimated Duration
$42,000
$2,900 3.1 wks
$60,000
$4,200 4.5 wks
$78,000
$5,500 5.8 wks
Percent of Construction Costs
7.0%

For structural work around sagging roof:

Fee & Duration Based on Hypothetical Costs Of Construction
Possible Not-to-Exceed Fee Estimated Duration
$18,000
$1,300 1.3 wks
$25,000
$1,800 1.9 wks
$33,000
$2,300 2.4 wks
Percent of Construction Costs
7.0%

Please note: Our not-to-exceed fees are calculated as a percentage of the projected construction cost at the time each phase is completed.
For example, if a project begins with an estimated construction cost of X, but later in the process the scope is reduced and the cost drops significantly, the fees for earlier phases will still be based on the original estimate (X).

We also assume that your general contractor (GC) will provide updated construction cost projections throughout the project.

If a GC has not yet been consulted to provide an estimate—and there is a disagreement about fees—we require a mutually agreed-upon third-party cost estimator. Their estimate will be used to determine a fair construction cost on which the not-to-exceed fee can be based.

Please also note that the not-to-exceed amount does not include reimbursable expenses.

Using hourly rates paired with not-to-exceed fees—calculated as a percentage of construction cost—has proven to be a win-win for both parties.

  • It provides the design team with reasonable protection against potential scope creep.
  • It allows clients to benefit from lower overall fees if decisions are made promptly and consistently, which keeps the design process moving efficiently.
  • It also gives clients flexibility to adjust the level of service they need as the project unfolds, without triggering constant renegotiation.

Hourly Rates

Discipline Approach
(A)
Approach
(B)
Approach
(C)
Architecture
Principal $110/HR $125/HR $140/HR
Project Architect $90/HR $105/HR $120/HR
Intern $70/HR $85/HR $100/HR


Reimbursable expenses include:

  • Transportation in connection with the project for travel authorized by the client (transportation, lodging and meals)
    • $1.00 per mile for travel
    • Hourly billing rates while traveling
  • Communication and shipping costs (long distance charges, courier, postage, dedicated web hosting, etc.)
  • Reproduction costs for plans, sketches, drawings, graphic representations and other documents
  • Renderings, models, prints of computer-generated drawings, mock-ups specifically requested by the client
  • Certification and documentation costs for third party certification such as LEED
  • Fees, levies, duties or taxes for permits, licenses, or approvals from authorities having jurisdiction
  • Additional insurance coverage or limits, including additional professional liability insurance requested by the client in a excess of that normally carried by the designer and the designers consultants
  • Direct expenses from additional consultants not specifically outlined in this proposal

Reimbursable expenses include an additional 15% to cover in-house administration, handling, and financing.


Boilerplate

Termination

When construction starts, our job is not over. Our involvement during this phase is typically just as important as the earlier phases, as quite often, due to accelerated schedules, we continue to work out the remaining details of the design.

In addition, our periodic on-site observation allows us to catch any construction errors and/or quality problems.

Having said this, you are free to stop our services at any time, and at any phase, however, as our involvement is crucial in all the above phases, if you terminate our service before the end of construction, we would be required to remove our name as the architect/engineer of record from the AHJ (Authority Having Jurisdiction) and would no longer be professionally liable for any errors and omissions that might be exposed later in the project. Our involvement throughout the project is crucial to minimizes our liability, as well as yours.

  • Either party may terminate this agreement without the need to provide a specific cause. To initiate this termination, written email notice must be given to the other party. The agreement will officially conclude on the date stated in the notice.
    • In the event of a termination without a specific cause, it's important to note that the client is responsible for compensating OpeningDesign for services rendered and expenses incurred up to the termination date.
    • In case of termination, OpeningDesign or the client shall promptly return to the all documents, plans, or property owned by the other.
    • In the event of termination without a specific cause, OpeningDesign shall make reasonable efforts to conclude any ongoing work or to facilitate a smooth transition to another architect. Please be aware that OpeningDesign will not assume responsibility for any delays, additional costs, or damages incurred by the client as a result of such termination.

If you decide to forgo the project, fees, from all phases complete, are due regardless of the following scenerios:

  • Construction costs are more than you expected, for whatever reason.
  • Code requirements, required by the AHJ, at any phase of the project (other than the 6th phase (Construction Administration), make construction costs too costly to continue with the project.
Payment Terms
  • We will deliver invoices on a monthly basis based on scope completed, with payment due within 30 days of receipt. Invoices overdue past 60 days will be interpreted as an order to stop work on the project and may serve as a basis for termination of the agreement.
  • If the project's duration extends past 365 days, the hourly rates outlined above will increase by 10% each additional year that passes.
Our Professional Standards
  • Standard of Care: We will perform our services with the professional skill and care that architects practicing in similar localities typically provide under similar circumstances. We'll work diligently and thoughtfully, but like all design professionals, we can't guarantee perfect outcomes—only that we'll apply sound professional judgment throughout the project.
Our Role and Responsibilities
  • We are not responsible for selecting a general contractor or guaranteeing workmanship performed by the contractor or other parties. We can, however, make suggestions or recommendations for craftsmen or contractors for you to consider.
  • We are not responsible for the exploration, presence, handling, and/or adverse exposure of any hazardous materials in any form, including but not limited to asbestos products, polychlorinated biphenyl (PCB), or other toxic substances.
  • During Construction - Initial Decision Maker: During construction, disagreements sometimes arise between owners and contractors about the meaning of the construction documents or the quality of work performed. Unless you designate someone else, we'll serve as the Initial Decision Maker for these disputes, providing our professional interpretation to help resolve issues fairly and keep the project moving forward. While we'll work to be impartial and consistent with the intent of the construction documents, we can't show favoritism to either party. Our goal is to facilitate a successful project for everyone involved.
Project Timeline Considerations
  • The projected timeframes to complete each phase, as outlined above, do not include the time required for the following entities to review and approve their scope of work:
    • Urban Design Council
    • Plan Commission
    • Zoning Department
    • Building Permit review
Communication and Changes
  • Both parties agree to communicate about any pertinent information and known changes to the project scope in a timely manner in writing.
  • Statute of Limitations: Both parties agree that any claims or legal actions arising from this agreement must be brought within the time period required by applicable law, but in no case more than 10 years after the project's substantial completion. After that point, neither party may bring claims against the other related to this project.
Our Open Approach
  • By default, OpeningDesign works in the open. Our drawings, models, and project communication are shared online and developed collaboratively using open-source tools, alongside a trusted network of remote architects, engineers, and designers. This approach helps us work more efficiently, reduce costs, and build on a growing library of shared resources. All work is licensed under a Creative Commons Attribution-ShareAlike (CC BY-SA 4.0) license, meaning you're free to reuse and build on the design—as long as credit is given and it remains open. If you'd prefer a more private arrangement, we're happy to accommodate that as well. You can learn more about how we work on our About page.
Proposal Validity
  • This proposal is valid for 90 days from the date shown above.

In Closing...

We sincerely appreciate the opportunity to submit this proposal and look forward to the potential of a fruitful collaboration in the future.

If I have included a service, within this proposal, that is not necessary and/or one that you would like to include, please let me know.

If the terms of this proposal are acceptable please sign in the space offered below and remit the retainer as outlined in the fee options above.

Finally, please don't hesitate to contact me should you have any questions or need clarification about the proposal--would be more than happy to sit down and have a more nuanced discussion.


Kind Regards,

Ryan Schultz ryan.schultz@openingdesign.com 773.425.6456 2042 Barber Dr. Stoughton, WI 53589






















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