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RWC Library
<br />1044 Middlefield Rd., Redwood City, CA
<br />January 2, 2007
<br />Total Pages 4
<br />TERMS AND CONDITIONS
<br />Access to Site: The Architect shall have access to the site for activities necessary for the performance of the
<br />services.
<br />gees: J~ihere 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:
<br />Principal Architect $150 / hr. Job Captain $ 90 / hr.
<br />Consulting Expert* $300 / hr. Senior Drafter $ 80 / hr.
<br />Project Architect $110 / hr. Junior Drafter $ 60 / hr.
<br />Project Manager /Designer $100 / hr Project Administration /Clerical $ 50 / hr.
<br />*Rate for mediations, depositi ons, court appearances or si milar consulting expert services by the Architect.
<br />Reimbursable Expenses: The following will be billed at a multiple of 1.1 times the expense incurred by the Architect: Outside
<br />consultants (i.e. Structural Engineer, Title 24, etc.), computer plotting and reproductions, faxing, printing, copying, photographs, long distance
<br />communications or toll calls, postage, transportation expenses at I.R.S.-designated rate for mileage, any expenses incurred to collect late
<br />payments and any fees paid for securing approval of authorities having jurisdiction over the project.
<br />rsiiiings f Payments: invoices for services performed under this contract will be billed on a monthly basis. Payments are due and payable
<br />fifteen days from the date of the Architect's invoice. Amounts unpaid thirty days after the invoice date shall incur a finance charge at the rate of
<br />point eight percent (0.8%) per month from invoice date.
<br />Client's Responsibilities: The Client shall provide full information, including a program (written or in-person), which shall set forth the
<br />Client's objectives, schedule, constraints, budget with reasonable contingencies and criteria. Client will also provide a copy of the original
<br />',construction documents, the in-house rules, or any other relevant data. Client certifies that the property is under their sole control and discretion
<br />for the purpose of performing the services in this contract. If the Client is not the sole Owner of the property, a certification by the Owner of the
<br />right to perform contracted services shall be obtained by the Client and provided to the Architect before services are commenced. Client agrees
<br />to limit Architects liability to the amount of the Architectural fees and assumes all further errors and omissions liability.
<br />Miscellaneous Provisions: The Kastrop Group, Inc. shall have no responsibility for the discovery, presence, handling, removal or
<br />disposal of or exposure of persons to hazardous materials, including mold, asbestos, lead, etc., in any form at the project site. If a potentially
<br />hazardous material is discovered in the course of their work, The Kastrop Group, Inc. will immediately report it to the Client. As a condition of
<br />their insurance policy, The Kastrop Group, Inc. cannot provide any warranties, express or implied.
<br />Ownership of Documents: All documents produced by the Architect under this contract are copyright-protected, are the property of The
<br />Kastrop Group, Inc., and may not be used by the Owner for any other endeavor or agent without the written consent of the Architect.
<br />Additional Services: Many variables can affect the amount of work required for a satisfactory completion of the project, including but not
<br />limited to: City requirements, client requests and unforeseen site conditions. The Kastrop Group, Inc. cannot take these into consideration at the
<br />time of this estimate. We will make every effort to work within the time and cost estimates. If this is not possible, the Client will be
<br />notified if the fee or time required will exceed 110% of the estimate (not including reimbursables). At that time the Architect will obtain
<br />the Client's approval before proceeding 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
<br />Termination of Contract: This Agreement may be terminated by either party upon not less than seven days written notice. Failure of the
<br />Client to make payments to the Architect in accordance with this agreement shall be considered substantial non-performance and cause for
<br />termination. In the event of termination, the Client shall compensate the Architect for all services performed prior to date termination letter is
<br />received, including reimbursable expenses and all expenses directly attributable to termination. A final invoice including all charges currently
<br />owed at the time of termination will accompany the termination letter, not including those reimbursable expenses that may be incurred after
<br />termination, such as late charges, etc.
<br />Arbitration: In the event of a dispute, with the exception of non-payment, both parties agree to submit the dispute to binding arbitration. Any
<br />award or judgment rendered through arbitration or litigation, shall include reasonable Attorney's fees ahd costs.
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<br />Initial here: (Client /date) (Architect)
<br />1101 Main Street • Redwood City, CA 94063 • phone: 650 299. 0303 • fax:' 650 299 1140 • kastropgroup.com
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