INTERIOR DESIGN CONTRACT FORMAT

This contract, by and between the _________, hereinafter called the NAFI, by and through its duly authorized Contracting Officer, and the ______________, hereinafter called the Contractor is for interior design work at ________________.
        (Name of installation)    (State)

NOW THEREFORE, it is agreed as follows:

ARTICLE I. The NAFI hereby agrees to and does hereby engage the services of the Contractor, and the Contractor hereby accepts the engagement to design and to do the work hereinafter specified by the NAFI in connection with the following project. The design and specifications for all furnishings, wall treatment, fixtures, color concepts and the equipment for the (identify all area in the facility involved), (include kitchen when needed), of the ____________________________________.
(Facility)            (Name of installation)

ARTICLE II. The Contractor will complete all interior design work and services under this contract except supervision, inspection and acceptance of the furnishings phase, within _____ calendar days after receipt of the Notice to Proceed. The Notice to Proceed will be issued within 10 calendar days from the date of award of this contract. The parties to this contract have considered mailing time in establishing the period of performance.

a.    Period of Service:

(1)    The Contractor will deliver the Preliminary Interior Design Phase Submittals within _____ calendar days after receipt of the Notice to Proceed.

(2)    The NAFI will review the Preliminary Interior Design Phase Submittals within _____ calendar days and return them to the Contractor.

(3)    The Contractor will deliver the Prefinal Interior Design Phase Submittals within _____ calendar days after receipt by the Contractor of written instructions on the Preliminary Submittal.

(4)    The NAFI will review the Prefinal Interior Design Phase Submittals within ____ calendar days and return them to the Contractor.

(5)    The Contractor will deliver the Final Interior Design Phase Submittals within ____ calendar days after receipt by the Contractor of written instructions on the Prefinal Submittal.

(6)    The NAFI will review the Final Interior Design Phase Submittals within _____ calendar days and return them to the Contractor.

(7)    The Contractor will deliver the corrected Final Interior Design Phase Submittals within ____ calendar days after receipt by the Contractor of written instructions for correction.

(8)    Final supervision, inspection and acceptance by the Contractor of the furnishings phase of the project will be accomplished as scheduled by the Contracting Officer.

ARTICLE III. The Contractor agrees to render the following services in connection therewith:

a.    Preliminary Interior Design Phase:

(1)    The Contractor will meet the Contracting Officer and all others responsible for the project to discuss the project in detail, including design concepts, desired atmosphere and to survey and measure all areas subject to design work.

(2)    The Contractor will prepare preliminary conceptual studies, including sketches and proposed materials, including but not limited to carpeting, furniture, draperies, wood finishes, paints, wall coverings, architectural drawings for special millwork and construction, and so forth, to complete the design and make a preliminary presentation to the Contracting Officer and other involved. After a thorough discussion, evaluation, and inspection of samples, a final agreement between the Contractor and the group will be made as to final interior design concepts.

(3)    The Contractor will take a complete inventory of all presently owned furniture and equipment, evaluate it by life expectancy and utilize it to the best advantage in the area, when applicable, as part of their design.

b.     Prefinal Interior Design Phase:

(1)    On acceptance of the preliminary design phase, the Contractor will prepare a prefinal detailed design presentation, including full color sketches in perspective; color and sample boards to supplement the color renderings; complete scaled architectural drawings showing furnishings and light fixture placement; scaled wall elevation drawings showing wall treatment, molding, wall light fixtures, accessories, and window treatment; scaled plans of kitchen equipment location including ventilation hoods, plumbing, and electrical connections; complete specifications in detail with manufacturer, manufacturer’s address, current part of stock number and description, to include all custom-designed items in detail. A formal presentation of the final phase will be made to the Contracting Officer and other representatives for final approval. After approval, any changes made in the design package must be in writing and must be approved by both the Contracting Officer and the Contractor.

(2)    If the Contractor has not been involved in the preliminary functional planning and if construction is involved, they will review the architect-engineer’s plans at the 30 percent completion stage. In the interest of better utilization of space and to prevent duplication of effort and material, such as wall and floor finishings, they will coordinate on the plans at that time. They will make recommendations for any changes to improve the functional concept to the Contracting Officer, with written justification, covering those areas or items affected.

c.     Final Interior Design Phase:

(1)    The Contractor will furnish their completed detailed design concept, including all necessary items such as floor plans, architectural drawings, color photographs or renderings and color and sample boards and specifications, in sufficient quantities to allow the Contracting Officer to solicit Request for Proposals from those firms qualified to perform the furnishings phase. The cost of duplicating the design package in sufficient numbers will be borne by the Contractor as part of the design fee. Furnishings will be itemized separately, identified by individual article and price per item at current wholesale cost and submitted to the Contracting Officer with the design package.

(2)    The Contractor and all other firms owned by, or associated with, or affiliated with the Contractor will not be allowed to compete in the bidding or make a proposal in the interest of obtaining a furnishings contract or supply items of furnishings, fixtures, materials, or equipment for this project in which they are the Contractor. They will be considered to be an advisor to the Contracting Officer and the NAFI during this project and will act in their best interest in their guidance, advice and professional association with them. Any instances in which they may be involved other than so designated or any involving any unethical practices will be grounds for termination of their contract.

d.    Installation and Acceptance Phase. During the final stages of installation of all items of furnishings, wall treatment, carpet laying, window treatment, installation of fixtures, and other parts of the design scheme, the Contractor will inspect, supervise and accept them as part of their design fee. They will assure the Contracting Officer that the quality of all furnished items, installation of fixtures, and quality of workmanship is professionally performed and meets with their design concept and applicable Air Force standards. This will be at no extra cost to the NAFI.

ARTICLE IV. The Contractor and NAFI further agree as follows:

a.    As compensation for the services herein described, the Contractor will receive the total sum not to exceed $____. Compensation for any other services rendered by the Contractor in connection with any additional work not originally contemplated or specified, or in connection with any subsequent changes to plans, will be negotiated with the Contracting Officer before performance of same. No additional charges or fees are binding on the NAFI unless negotiated with and approved in advance by the Contracting Officer.

b.    The compensation herein provided is payable to the Contractor as follows:

(1)    _____ percent, ($_____) to be paid when the preliminary design phase and presentation have been accomplished, discussed and changes negotiated.

(2)    _____ percent, ($_____) to be paid on completion and acceptance of the prefinal and detailed design concept with all necessary facets to solicit proposals.

(3)    _____ percent, ($_____) to be paid on completion and acceptance of the final detailed design concept with all necessary facets to solicit proposals.

(4)    _____ percent, ($_____) on final supervision, inspection and acceptance by the Contractor of the furnishings phase of the project.

c.    In the event of termination of this contract for any reason, any services previously rendered by the Contractor, including the product thereof (plans, sketches, drawings, illustrations, specifications, and so forth) are the property of the NAFI or its successor fund.

d.    The Contractor will not assign or subcontract the performance of their duties and services hereunder without the prior written approval of the Contracting Officer.

e.    The Contractor agrees to indemnify, save harmless, and defend the NAFI: (a) from and against any and all claims, demands, action, debts, liabilities and attorney’s fees arising out of, claimed on account of, or in any manner predicated on loss or of damage to the property of, and injuries to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, their agents, servants or employees while, in, on or about NAFI, (base) or while going to or departing from the same; (b) from and on account of damages of any kind which the NAFI may suffer as the result of the acts of the Contractor, their agents, servants or employees in or about said military installation.

f.    Required Insurance:

(1)    The Designer will procure and maintain at their own expense during the entire period of their performance under this contract the following minimum insurance:

(a)    Comprehensive General Liability - $100,000 per person and $300,000 per accident for bodily injury: $50,000 per accident for property damage.

(b)    Comprehensive Automobile Liability - $100,000 per person and $300,000 per accident for bodily injury: $25,000 per accident for property damage.

(2)    Before beginning work hereunder, the Contractor will furnish to the Contracting Officer a certificate of the above-required insurance. The policies evidencing such required insurance must contain an endorsement to the effect that cancellation, nonrenewal or any material change in the policies adversely affecting the interests of the Government in such insurance will not be effective until 10 calendar days after written notice thereof to the Contracting Officer.

(3)    The Contractor agrees to insert the substance of this clause, including this paragraph (3) in all sub-contracts hereunder.

g.    Workers’ Compensation Coverage. The Contractor will maintain adequate workers’ compensation coverage to comply with the appropriate local, state or federal workers’ compensation law for any employee performing work related to this contract.

h.    It is mutually understood and agreed that there are no verbal or any other agreements in addition to or in contradiction of the terms and provisions herein set forth.

i.    The Contract can be amended or modified only by Supplemental Agreement in writing signed by the parties and reviewed for legal sufficiency.

j.    Contractual Contents. This contract consists of the following:

(1)    Schedule (Introductory paragraph and ARTICLES I through IV and signature page) ……….. Page(s) ___ thru _____
(2)    General Provisions (Clauses 1 – 38) …….. Page(s) _____ thru _____

This contract has been reviewed and determined to be legally sufficient.


_______________________________________
(Signed by staff judge advocate or representative)        (Date)


IN WITNESS whereof the parties hereto set their hands this day of _____________________, 20___.

FOR THE NAFI:                        FOR THE CONTRACTOR:

______________________        ________________________
(Signature of Contracting Officer)                (Signature of person authorized to sign contract)


________________________        _________________
Type or print name                    Type or print name


______________________        _____________________
Address and phone number    Date            Address and phone number        Date


(NOTE: This sample contract is intended for guidance only and may require modification because of local conditions or the details of the negotiated arrangement.)