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<br />TERMS AND CONDITIONS
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<br />Access to Site: The Architect shall have access to the site for activities necessary for the performance of the services.
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<br />Fees: Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time that
<br />services are rendered. Current hourly rates are as follows:
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<br />Principal Architect $150/hr Job Captain $90/hr
<br />Consulting Expert" $300/hr Senior Drafter $80/hr
<br />Project Architect $120/hr Junior Drafter $60/hr
<br />Project Manager/ Designer $100/hr Project Administrationl Clerical $55/hr
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<br />"Rate for mediations, depositions, court appearances or similar consulting expert services by the Architect.
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<br />Reimbursable Expenses: The following will be billed at a multiple of 1.1 times the expense incurred by the Architect:
<br />Outside consultants (i.e. Structural Engineer, Title 24, etc.), computer plotting and reproductions, faxing, printing, copying,
<br />photographs, long distance communications or toll calls, postage, transportation expenses at I.R.S.-designated rate for
<br />mileage, any expenses incurred to collect late payments and any fees paid for securing approval of authorities having
<br />jurisdiction over the project.
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<br />Billings / Payments: Invoices for services performed under this contract will be billed on a monthly basis. Payments are
<br />due and payable fifteen days from the date of the Architect's invoice. Amounts unpaid thirty days after the invoice date
<br />shall incur a finance charge at the rate of point eight percent (0.8%) per month from invoice date.
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<br />Client's Responsibilities: The Client shall provide full information, including a program (written or in-person), which
<br />shall set forth the Client's objectives, schedule, constraints, budget with reasonable contingencies and criteria. Client will
<br />also provide a copy of the original construction documents, the in-house rules, or any other relevant data. Client certifies
<br />that the property is under their sole control and discretion for the purpose of performing the services in this contract. If the
<br />Client is not the sole Owner of the property, a certification by the Owner of the right to perform contracted services shall
<br />be obtained by the Client and provided to the Architect before services are commenced. Client agrees to limit Architects
<br />liability to the amount of the Architectural fees and assumes all further errors and omissions liability.
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<br />Miscellaneous Provisions: The Kastrop Group, Inc. shall have no responsibility for the discovery, presence, handling,
<br />removal or disposal of or exposure of persons to hazardous materials, including mold, asbestos, lead, etc., in any form at
<br />the project site. If a potentially hazardous material is discovered in the course of their work, The Kastrop Group, Inc. will
<br />immediately report it to the Client. As a conditiOn of their insurance policy, The Kastrop Group, Inc. cannot provide any
<br />warranties, express or irnplied.
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<br />Ownership of Documents: All documents produced by the Architect under this contract are copyright-protected, are the
<br />property of The Kastrop Group, Inc., and may not be used by the Owner for any other endeavor or agent without the
<br />written consent of the Architect.
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<br />Additional Services: Many variables can affect the amount of work required for a satisfactory completion of the project,
<br />including but not limited to: City requirements, client requests and unforeseen site conditions. The Kastrop Group, Inc.
<br />cannot take these into consideration at the time of this estimate. We will make every effort to work within the time
<br />and cost estimates. If this is not possible, the Client will be notified if the fee or time required will exceed 110%
<br />of the estimate (not including reimbursables), At that time the Architect will obtain the Client's approval before
<br />oroceedinQ further.
<br />The client may also request any of the following additional services (for an additional charge):
<br />A. Architectural Renderings, models, computer walk through
<br />B. As-built record drawings
<br />C. Feng Shui analysis
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<br />Termination of Contract: This Agreement may be terminated by either party upon not less than seven days written
<br />notice. Failure of the Client to make payments to the Architect in accordance with this agreement shall be considered
<br />substantial non-performance and cause for termination. In the event of termination, the Client shall compensate the
<br />Architect for all services performed prior to date termination letter is received, including reimbursable expenses and all
<br />expenses directly attributable to termination. A final invoice including all charges currently owed at the time of
<br />termination will accompany the termination letter, not including those reimbursable expenses that may be incurred after
<br />termination, sllch as late charges, etc.
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<br />Arbitration: In the event of a dispute, with the exception of non-payment, both parties agree to submit the dispute to
<br />binding arbitration. Any award or judgment rendered through arbitration or litigation, shall Include reasonable Attorney's
<br />fees and cosls ~ ~'^_h'"
<br />Initial here: (ClienUDate)~ct)
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<br />p_RWCwindmill1006
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