Thank you for considering Kasten Builders for your project. Our team looks forward to providing you with exceptional service at a high level of detail. The majority of our clients become good friends and we’ve found what matters most are the relationships that form during a project. We promise to listen carefully to what matters most and always keep your best interest top of mind. Our greatest reward - why we do what we do - is seeing the positive effects a well-built project has on the lives of our clientele.
Since 1972
Our process starts with an assessment at the property and general feasibility study. We follow that up with a high level, potential a budget range. If there is a good fit we ask to be engaged for preconstruction. During the preconstruction process we assist with team development and provide guidance through the planning. Preliminary pricing feedback as your design evolves enables you to make
informed decisions. Discovery at the property helps to reveal unknowns and story polls can be erected if needed for planning approval. The estimate evolves over time until the project plans are fully developed and the scope of work can be competitively bid to subcontractors. The majority of preconstruction is a free service assuming we are engaged for construction.
Construction
A project manager and site superintendent are assigned to manage the work. The project manager handles correspondence with the project team, attends site meeting, develops meeting minutes, provides schedule updates, and works in tandem with the site super to manage production. The site superintendent handles all day-to-day activities on site to coordinate the work. All submittals and RFI’s are handled as a team and delivered to the Architect for their review and comment.
Professionalism, thoughtful consideration of detailing, and respect to everyone involved is kept paramount.
Maintenance & Warranty – Our team is available to help with construction related maintenance and upkeep for the life of your home. Warranty issues are responded to directly by the Owner. We put together project manuals, contact lists, a maintenance schedule, and take great care in protecting your home & investment.
We maintain our track record by working alongside the very best in the industry.
Architects
Designers
Landscape Architects
Realtors
We are excited to introduce BuilderTrend, a project management software, to our clients and design associates. The software is a single portal communication system where all project information and documentation can be shared between our team and our clients. As the client, you can log in from anywhere to see real-time updates from the site, project photos, budget updates, track to-do’s, make
project payments, and more.
We have a Client Login page on our website that will take you directly to your BuilderTrend login. The move to BuidlerTrend provides an elevated client experience and allows our team members to communicate seamlessly and effectively.
Client Name:
Client Address:
KASTEN BUILDERS provides Preconstruction Services as follows:
CATEGORY I: In-House Services at No Charge
Initial meeting with client
Field inspection of lot or site to determine suitability for the intended project
Preliminary High Low range-of-cost estimate
CATEGORY II: In-House Services Offered at No Additional Charge to Clients Who Ultimately Sign a Contract with KASTEN BUILDERS to Provide Construction Services.
In-house consultations related to in-house or outside Category III architecture, engineering or design
Development of scope of work, detailed specifications and client selections
Budget development and revisions
Value engineering
Permit and contract preparation
These in-house services are provided at a rate of $95/hour. Clients who sign a contract with KASTEN BUILDERS will have amounts paid for these services credited against the first Payment Application for construction.
CATEGORY III: Architectural, Engineering and Other Services to be Paid Directly by the Client (no credit applied)
Survey work
Engineering
Demo and Discovery
Story Poles
Third party investigations and reports
Plan Reproduction
Professional Services Agreement
KASTEN BUILDERS
I hereby agree to pay for Category II KASTEN BUILDERS services per the above. I also agree to pay Category III services as per third party or in-house invoice, or as otherwise agreed upon in writing.
I understand that if I ultimately sign a contract to build with KASTEN BUILDERS, all amounts beyond the 15k Category II services cap related to the project will be Paid Directly by the Client.
$500.00 retainer due at signing, which shall be applied to the final draw under this agreement, invoices Monthly, due within 10 days of invoice, 1.5% per month on delinquent accounts. An optional, additional, non-refundable deposit of $1,000.00 against the anticipated fixed bid project guarantees a position in the current year’s schedule.
NOTE: Typical Professional Services vary from $3,000 to $50,000 depending on size of project, complexity, and array of services delivered.
Client #1
Client #2
KASTEN BUILDERS
License #362773
Date
Date
Date
4/4/2019
Bid Clarifications
Permit acquisition after approval up to 4 hours. Fee's by Owner.
Plan printing of approved plan sets included. Revisions By Owner
Project mobilization and setup for crew, equipment and supplies. Project Manager for design team and trade project meetings, documentation, product submission, ordering and project scheduling.
Bags on Site Superintendent to coordinate construction, manage subcontractors, schedule inspections, help install finishes/trim, manage quality control and work hand-inhand with the trades.
Temp. power and water set up for duration of construction. Utility fees paid By Owner. Includes 8'x20' combination office/storage container for 10 month duration. Temporary toilet for 15 months.
Temporary cover, tarps, and labor for protection items as needed.
Scaffolding required at guest and main house for installation of windows, composite siding, paint/stain and Hemlock wood soffits and ceilings. Note : Exterior scaffolding assumes 4 months of rental time.
Protection of finishes throughout construction.
Erosion control (one time application and removal) for sediment control. Note : This assumes the use of utilizing existing AC paving at gate area in place of 12" thick rock for tracking controls.
Coordination of material on jobsite including moving, storing, and unloading. Layout included here. Survey to be by Owner and coordinated by Contractor. Includes 8 containers for debris, associated fill labor and labor for jobsite cleaning.
Complete final cleaning including windows.
Includes punch lists, site review and close out. Contractors contingency for it's unkowns. This contingency does not cover errors and ommissions, hidden conditions, Inspector requests, Owner requests, or any other situation that falls under Contractors entitlement for change order.
Covers trip for misc touch up 1 year post project completion.
Handling, removal and disposal of hazardous material By Owner, if any. Owner to subcontract directly with ReBuild Green for complete deconstruction and demolition of existing house, pool and site items called for removal on page 3 site plan. Includes mobilization of equipment and clear/grub site after demolition is complete. Assumes (1) 40 yard debris box at this time. Note : Demolition contractor proposal states that only brush to be removed is 6 feet from building so additional clear and grub of site will be required ... inform us if otherwise and will revise this number.
Excavation for pool, house footings and piers. Mass excavation and fill of new house footprint to bottom of the crawl space, cut and fill of the back yard. Fill of existing pool. Note : Reference " Scope Clarifications " attached for further detail regarding scope.
Allowance for all utility work at this time (trenching, backfill, water, sewer, gas, data) until locations, direction, depth, sizes can be determined via site exploration. Includes storm and subdrainage noted per Civil drawings. Includes dispersion flumes and 1,500 gallon below ground holding tank.
Remove existing AC paving and replace with new from entry gate to home as specified. All landscaping NIC per Addendum #2.
Includes material and labor for guest and main home foundations, pool piers and related structural concrete work. Includes Stego Wrap for foundation waterproofing. Note : Reference "Scope Clarifications" attached for further detail regarding scope.
Includes flatwork at the following locations: Garage landing; Stairs and landings between home and pool den; surounding pool and pool den inluding pool coping and planter wall cap; steps between pool and upper patio; upper patio; large steps from parking to entry. Same integral color for all.
Provide and install countertops per the following: Caesarstone (2cm) countertops, edges and backsplashed at detailed elevations; Neolith (12mm) at kitchen island with waterfall ends; Neolith (6cm) at fireplace surround and hearth; Assume Midnight Storm stone (12mm) with porcelain finish (outdoor location) at BBQ countertop with waterfall ends. Material allowances as follows: 7 slabs of 2cm Caesarstone at $25/sf = $8,240; 3 slabs of 12mm Neolith at $33/sf = $5,457; 4 slabs of 6mm Neolith at $19/sf = $3,990; 2 slabs of Sinterclad Midnight Storm at $30/sf = $3,150.
Provide and install the following: Furnish and install (1) Moment Frame w14”x 48# As-per S11& S2; Furnish and install (4) Hss4”x 4”x ¼” As-per S2 & S9; Furnish and install Channel Framing As-per S8 & S15; Furnish and install (1) Moment Frame w14”x 48# Asper S5& S12; Furnish and install (1) w10”x 54# Beam and (1) Hss 4”x 4”x ¼” Column Asper S6; Furnish and install (1) w18”x 60# Beam with Channel Framing As-per S7; Furnish and install (1) Trellis Framing Hss 8”x 4”x 3/8” As-per S6 & S9. Note : Includes submittal drawings. Note : All material to be shop primed only.
Furnish and install (1) Stair Stringer Framing System Hss 6”x 6”x ¼” As-per S13 detail H (Shop Prime Only). Furnish and install Stair railing with Stainless Steel Cables (Shop Prime Only). Furnish and install Deck Railing with Stainless Steel Cables (Galvanize Only).
Rough framing labor and required equipment for complete framing of guest and main home. Includes exterior window and door installation.
Rough framing materials to include: Framing lumber, rough hardware and adhesives required for framing of guest and main home.
Includes material and install labor for Azek Coastline composite decking (5/4"x7" with no grooves at deck off living room) and enclosure walls below deck (5/4"x6" with no grooves and 2" gaps). Standard top screw application assumed.
Includes labor and related equipment required for installation of plywood bases at countertops, 2x4 Ipe rail caps, interior doors, interior door hardware, standard pole & shelf at Bed2/3/4/5/Den, 1x6" wall base, oak window skirt, reclaimed lumber at entry and bath accessories and appliances.
Finish material and supplies required for plywood bases at countertops, 2x4 Ipe rail caps, 1x6 wall base and oak window skirts. Allowance of $800 included for reclaimed lumber at entry until specified.
Includes material and install labor for 1x6 T&G STK Hemlock located at exterior soffits and interior ceiling areas shown on RCP pages at both guest and main home. Includes 1/2"x2" Hemlock trim and linear WUI Vulcan Vent at soffit locations.
Work Scope - Fabricate , finish, deliver and install full overlay flat panel grain matching rift white oak cabinetry at the following locations: Kitchen, Outdoor BBQ, Pantry, Family room floating entertainment and shelving, AV cabinetry by fireplace, Powder room, MB window seat, Bath2/3/4 vanity, Laundry room, Storage closet with enamel shelving, Den sink base cabinet, Guest bath vanity, MB vanity, Master wardrobe shelves and poles.
Construction - Casework constructed in 3/4" pre-finished Maple, backs are 1/2" prefinished Maple. Drawers are dove-tailed with soft-close under mount glides. All visible areas to be rift white oak. Finish to be approved stain with 3 coats sealer and precatalyzed finish. Storage closet is white enamel finish. Includes Mockett pulls and mortising labor for flush application.
Slope master bath roof deck and install Grace LN60 waterproofing membrane. Provide and install Tyvek house wrap system at guest and main home.
Install building insulation per the following: R-38 closed cell spray foam to main house ceiling area; R-42 closed cell spray foam to guest house; R-21 closed cell spray foam to 2x6 exterior walls of main house; R-28 closed cell spray foam to 2x6 exterior walls of guest house; R-13 kraft faced fiberglass batts to interior walls; R-19 unfaced fiberglass batts to between floor; R-19 open cell spray foam to floor area; Foam air infiltrations per title 24. Alt ADD of $8,127 if garage insulation desired.
Provide and install metal roofing per the following: Class B underlayment over plywood deck, supply metal standing seam roof with factory baked enamel finish, all corresponding roof flashings, gutter, downspouts and underlayment for main house and pool house. Limited lifetime warranty. Color to be Burnished Slate. Note : Roofing contractor will need to review with owners design/build solar contractor to confirm requirements and pricing.
Provide and install 1x8 channel rustic (custom milled 3/8" square edge joint) composite siding at locations shown for both guest and main house. Corners are to be mitered. Includes Tamlyn XL1 aluminum trim at window jamb locations.
Main House & Guest House: Provide and install stainless steel door pans, galvanized head flashings, Brandguard WUI foundation vents. Provide and install new galvanized pan top with decko surround at main house chimney.
Rubber and self-adhering sheet flashing as needed during construction. Backer rods, caulking, joint fillers and sealants.
Provide 1-3/8" thick solid core rift cut white oak doors with 3-9/16" jambs kerfed to accept sheetrock metal per door schedule. Note : Pocket doors need to be 1-3/4" thick to use the Valli & Valli hardware specified whice is included. Note : No door or hardware included (not in schedule) for door #26 at this time.
Northwest garage doors per the following: (1) 8' x 8' Modern Classic, dark bronze anodized aluminum frame, satin etched glass, 4 sections high, 2 panels wide; (1) 18' x 8' Modern Classic, dark bronze anodized aluminum frame, satin etched glass, 4 sections high, 4 panels wide. Liftmaster 3/4 hp operator, model 8587, chain drive, with 2 transmitters.
Loewen aluminum clad exterior windows and doors as follows: Clad color is Tuscany Brown, interior is primed fir, glass is Heat Smart D 366 LowE with black spacer bar, aluminum screen frames on all active windows. Hardware is Provence satin nickel at windows and Verona at swinging doors. Revised curtain wall assembly with 8-5/8" jamb thickness. Includes 4'-10"x10'-0" Bonelli 6000 series nail on pivot door with LowE tempered over clear tempered glass and RAL powder coated finish. Note : The Bonelli RAL color finish will need to be reviewed to ensure a close match to Loewen windows. Provide Valli & Valli passage sets, privacy sets, single cylinder deadbolts and passage pocket door mortise locks. Note : Pocket doors need to be 1-3/4" thick to use the Valli & Valli hardware specified.
Provide and install 1/4" clear mirrors with flat polished edges per the following: Powder 26x60; Bath2 48x36; Bath3 60x48; Bath4 54x48; Guest 36x42; Master Bath 78x42.
Provide shower enclosures with 1/2" clear tempered glass, chrome/BN hinges, handles at Baths2/3/4/Guest/Master bath. Note : Pricing also includes labor for required glazing at (2) Loewen window corner units ... one at fireplace location and one at master shower location.
Allowance for 3 coat stucco system with integral color for 700 total sf. Install 5/8" sheetrock (type X gyp board) to all ceilings and walls where shown at guest and main home. Install 5/8" Denshield at all bathrooms, water closets, laundry room and other wet areas. Install 1/2" Densglass at exterior soffits. Install L-metal at sheetrock to wood ceiling locations for clean 1/2" reveal. Windows to be wrapped 3 sides. Install L metal at interior doors 3 sides. Finish to be level 5.
Includes tile installation at the following locations: powder room floor; laundry room floor; bath2/3 shower floors, shower walls and bath floors; bath4 tub walls and bath floors; master bath shower floor, shower walls and bath floor; guest bath shower floor, shower wall and bath floor; roof deck tile. Included allowance for all tile material is $23,496 … assumes tile listed in finish schedule with approx 15% added for layout and cut waste and $1/sf for shipping and handeling. Tile layout assumed for straight or staggered set patterns only without any decorative accent tiles.
Furnish and install 5/8"x7" Engineered prefinished Orleans Collection - Wilmington Oak by Artistry Flooring, glued to subfloor. Area includes: Foyer, Family room, Kitchen, Pantry, Powder room, Dining room, Living room, Bedroom hall, Laundry room, Upper hall, Master bedroom, Master closets & Study. Furnish & Install Prefinish Hardwood stairs made of flooring material - 16 treads floating treads (3-1/2" x 11-1/4"x42").
Furnish and install Carpet @ $50.00 material allowance with a 7/16" 8lb synthetic underpadding (Style & Color TBD). Areas include: Bedroom 2, Bedroom 3, Bedroom 4, Bedroom 5 & Guest Suite
Interior Main and Guest House: Paint all sheetrock and wood trim. All rooms; ceilings, walls, bedrooms, closets, baths. No closet shelving units other than standard pole and shelf at lower floor bedrooms. Include finish of window sashes and slider doors. Interior doors - stain and clear coat flush interior doors. Wood ceilings – stain and clear coat at main floor and upper master suite. Stair railings and support steel – prime and finish. Exterior: Paint siding and paintable trim/facia as shown. Windows and doors anodized no finish included except blind access door below deck, mech room doors, trash enclosure doors. Soffits – stain and clear coat wood sophets. Railings – finish coat railing framework, no finish on cables. Decking – no finish included on Azek decking. Trellis structure – steel frame prime as needed. No finish included at this time for custom 2X reclaimed lumber at entry.
WUI foundation vents included in division 07600. Linear WUI soffit vents included in division 06250.
Includes the following: Valor L3 fireplace at living room location with Driftwood kit and fluted black liner. Custom built fire pit (framed/sheathed/integral stucco finish) similar to Stinson Beach home in lieu of specified Concreteworks Cuboid for approx $4,000 savings. Includes high quality/output burner system for fire pit.
Allowance for bath accessories assuming (1) Alno TP holder, (1) Alno robe hook and (1) Alno towel bar at each bathroom location. Install included in division 06200.
Includes appliances listed per schedule on page 24. Owner to supply BBQ, washer, dryer and installation of appliances.
NIC per Addendum #2.
Pool as follows: Pool (15'-6"x50'-9"x96") Spa (7'-9"x15'-6"x40"); Form pool and cover vault; Rebar and gunite; Split main drains, auto fill, 4 returns, 2 skimmers, 6 jets; Material allowance for waterline and top of spa walls at $15/sf for total of approx $3,000 is included; Pentair pumps/filter/heater/cleaner/spa controller; (3) LED low profile lights at pool and (1) at spa; Automatic pool cover; Plaster to be wet edge Altima pool plaster French Grey or similar.
Provide 2019 year model Bullfrog R5L spa tub. Color, cabinet style, other options to be confirmed/determined.
NIC per Addendum #2. Owner to contract with Sun First Inc for all solar pool, water and PV array's.
Rough and trim plumbing for pool and main home per MEP drawings. Includes ABS for home sewer with cast iron drop from master bath to first floor only. All home water to be copper. Includes required water and/or gas for equipment at mechanical rooms. Includes water pipe vibration isolators, hot water return line and hose bibs. Allowance of $2,000 included for non-specified tankless water heater at pool building.
Residential sprinkler system at both buildings as follows: Constructed using Spears CPVC, copper, or steel pipe and fittings and listed residential fire sprinklers; Conform to standards set forth by NFPA 13D, 13R, and 13; Includes engineering drawings, hydraulic calculations, labor, material, installation, and testing of system.
Allowance for all plumbing fixtures specified on page 24. Subtotal for allowances provided from architect within the plumbing fixture schedule on page 24 is $11,500 and is included within this line item total. Linear shower drain allowance of $3,450 is also included at $300 per linear foot (Max Infinity drain length is 8'-0") - options to be discussed.
Install a Radiant Heating System of 1 unit with 9 zones each with an Aube Programmable Thermostat. The tubing will be Barrier Pex tubing manufactured by Rehau installed on 8”12” centers. The boiler or heat source will be a Triangle Tube model Solo 155 sized for proper heating. All piping is to be Type M copper with 1/2” wall insulation or pex tubing with 1/2” wall insulation. The system is provided with ball valves for easy service and all components are placed for ease of maintenance. Also includes an indirect tank manufactured by IBC model 80 gallon for domestic hot water heating using the boiler as a heat source (replaces hot water heater). Tubing to be installed in 1/2" thick Rau Boards over building subfloor. Note : No work in bathrooms, pool house or mechanical rooms included.
Main House Bedrooms & Study AC System: New Bryant Evolution variable speed FE4 air handler with new Bryant Evolution variable speed 5 stage 19 SEER air conditioning system. Includes new R-8 ducting, Bryant air filtration system, sealing all register boots to floor or sheetrock, Bryant Evolution WIFI Connex user interface, plenums, wye branches with manual dampers, condensate line, refrigerant lines, charging system with R 410A to manufactures specs, exhaust ducting included, HERS tests with certificates. Guest House HVAC System: Single zone ducted mini split system in mechanical room. Includes (1) 18K ducted air handler, refrigerant lines, programable thermostat, condensate overflow pans, condensate lines R-8 ducting, S/A registers, filter grills for return air ducts, exhaust ducting, HERS rated duct tests with certificates.
Rough and finish electrical per the following: Temp construction power, 400 amp main service (California 320 panel), conduit for phone and cable, power to pool equipment room, Lutron Diva (substitute for Maestro) switches/dimmers/trim plates, power to mechanical and plumbing systems, conduit for solar if required, power to spa, power to BBQ, power to (2) flow switches and (2) fire bells. Note : T24 controls for exterior fixtures not specified or included for exterior lights. Allowance for fixtures A, B, G, H, I and M total $34,442. Allowance for non specified light fixtures C, D, E, F and J total $14,100. Owner to have separate contract with their own AV consultant. Kasten to coordinate and work with AV contractors.
Excluded Items: Any upgraded utilities and/or utility fees. Any survey, special inspections, permits and business license fees directly attributable to this project. Material and/or labor not specifically noted above.
Note: Pricing good for up to 30 days from date submitted.
Demoliton
Grade Beams
House Slabs
4 day delay due to fires
Lower Slab Replacement
1 week delay for info
10 Rain days to 3-13-20 Site
Window
Photography - walls
Insulation
Deck Waterproofing
Interior Doors
Deck Railings
Milestone - Drywall 12/9
Windows & Door Install
Window Screen Wall
Drywall
Template Countertops
Install
Date:
PROJECT: Sample
ADDRESS: Sample
I. ATTENDEES:
Bi-monthly Construction Progress Meeting
Miers Sample Owner
Pete Kasten
Kasten Builders
Paul Mezger Kasten Builders Sample Rossetti & Sons
***PLEASE NOTE: The minutes below are an accurate reflection of items discussed, decisions and agreements made, and work authorized at this meeting. All attendees should review these minutes for accuracy and send clarifications, in writing, to Kasten Builders prior to the next meeting. If clarifications are NOT received prior to the next meeting, then the minutes will stand as recorded and will represent an agreement by all parties ***
38
40
41
42
35
Lighting Reviewed lighting layout in relation to framing constraints, Tricia to retu rn Friday to finalize layouts.
Issue at Doors Reviewed the lack of support at the base of sliders due to the positioning of the doors to siding. Will require adding blocking under the outer edge of the
OWNER Kasten Builders
Documents to Be Incorporated in the Contract: Listed on Attachment A
Description of the Project and Description of the Significant Materials to be Used and Equipment to be installed (the “Project”): Listed on Attachment B.
Approximate Start Date: Approximate Completion Date:
Contract Sum:
Payment and Performance Bonds: Owner has the right to require Contractor to supply payment and performance bonds, at Owner’s expense.
Right to Copy of Executed Contract: You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.
Non Refundable Down Payment : $1,000
THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.
Date Owner Signed This Contract:
OWNER
By:
KASTEN BUILDERS, Lic. No 362773
By: Title:
KASTEN BUILDERS | Sample Construction Documents - Construction Contract
The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.
Nonetheless, Owner and Contractor agree that they may honor the spirit of the law and ensure that Contractor is not paid for work not yet completed or for materials not delivered by using the percentage completion method of billing rather than stating payment amounts in the body of this contract. Owner and Contractor hereby waive the provisions of California law concerning the requirement for a schedule of progress payments insofar as they may conflict with the percentage completion method of billing. Thus, progress payments shall be determined as follows:
Attachment M Payment Application will be the basis for actual Applications for Payment. At least 5 (five) days prior to the scheduled date for each Progress Payment, the Contractor shall submit to the Owner an itemization of Work completed for the Owner’s approval.
Note about Extra Work and Change Orders: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by Owner. Owner may not require Contractor to perform extra or change-order work without providing written authorization prior to the commencement of work covered by the change order. Email message is acceptable form of notification.
The contractor's failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Release of Lien: Upon satisfactory payment being made for work performed, the Contractor shall furnish to Owner an unconditional release from any claim or mechanic's lien for that portion of work for which payment has been made. Not all subcontractors or material suppliers file prelien notices therefore Contractor will supply releases for the notices filed.
Commercial General Liability Insurance (CGL ) and Workers’ Compensation Insurance below:
Attachment A
Construction Contract
Attachment A: Schedule of Contract Documents
Attachment B: Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed [Attach Cost Breakdown]
Attachment C: Terms and Conditions
Attachment D: Mechanics Lien Warning [Required by State of California]
Attachment E: Information about the Contractors' State License Board (CSLB) [Required by State of California]
Attachment F: Three-Day Right to Cancel (signature required to be effective) [Required by State of California]
Attachment G: Notice of Cancellation (2 copies) [Required by State of California]
Attachment H: List of Architectural and Engineering Drawings
Attachment J: Schedule of Rates and Fees
Attachment K: Green building attachment
Attachment L: Change Order Form
Attachment M: Payment Application Form
Attachment N: Notice of Completion Form
Attachment B
Please refer to the Construction Cost Breakdown proposal dated ____________ attached hereto and incorporated herein by reference.
1.01. Contractor shall perform, furnish and pay for all labor, supervision, materials, equipment, tools, supplies, and other property and services necessary to timely and fully perform and furnish or cause to be timely and fully performed and furnished in a good and workmanlike manner the construction required by the Contract Documents enumerated above (the "Work"). The Work may be amended from time to time as provided in this contract. The Work, as it may from time to time be amended, shall be completed in strict accordance and conformity with and shall be subject to the Contract Documents. Contractor acknowledges (i) examination and study of the Contract Documents, (ii) personal inspection of the Project site and (iii) full understanding of the scope of the work required by this Contract.
2.01. Contractor shall commence and complete the Work in accordance with the dates set forth above. Conditions at the job site may delay time completion of the Work. Conditions of this type are enumerated in this contract. Delays caused by these enumerated conditions shall not constitute a breach of Contract for failure to complete by Contract deadline.
2.02. Contractor shall notify Owner in writing concerning delay days, giving the number and the reason. Weather delays will be given after the fact.
3.01. In consideration of Contractor's timely performing and furnishing the Work and Contractor's compliance with this Contract, Owner agrees to pay to Contractor, and Contractor agrees to accept from Owner, as full payment for the Work and as a complete discharge of Owner's liability to Contractor, that sum enumerated above as the Contract Sum. The Contract Sum does not / will not include costs of permits, planning and building department fees, special inspections or reinspection fees, special requests by building inspector, green point rater fee’s, city and or utility costs, which are the responsibility of the Owner.
3.02. Pre-Construction: The Contract Sum is subject to revisions until the project specifications, architectural, structural, civil, and landscape drawings are complete at which time a final Contract Sum can be determined. Such revisions have to be agreed upon by both Owner and Contractor. If Owner does not agree, he has the right to cancel this contract within 10 days of written notice to Contractor. In case of cancelation Contractor will be paid $2,000 fee plus be reimbursed for estimating, consulting with Subcontractors, Architect, Engineers, and developing cost estimates at the following rates:
Estimator: $85 / hr
Principals: $95 / hr
Contractors Fee 20% to be added to sum of above items
Plan Printing provided by Owner / Architect
Contractor shall bill for services monthly until start of construction after which a credit for preconstruction is administered on the first payment application.
3.03. A contingency sum is recommended and should be at least 10% of the total Project cost. Contractor suggests Owner set aside this sum to cover increases to the scope of work, as well as unforeseen items that come about during construction. Contractor and its Subcontractors determined their contract costs based on material costs at time of bid proposal. Contractor will do its best to lock in pricing on materials and rates by paying engaging in subcontracts and paying early deposits on materials and such costs will be included in payment application. If material costs increase (which they often do) between the time of bid proposal to the performance of work, during the course of the Work or between time of original bid and actual start of construction, the additional costs shall be passed on to Owner along with corresponding Contractors Fee per section 5.07 of this contract.
4.01. On the basis of Applications for Payment submitted to Owner by Contractor, Owner shall make progress payments on the Contract Sum to Contractor according to the payment schedule as set forth on page 2, as the Work progresses, in the following manner:
A) All Applications for Payment shall be submitted in writing by Contractor.
B) Contractor shall submit to Owner an Application for Payment setting forth the part of the Work completed according to the Payment Schedule. Each Application for Payment shall state the work completed and the amount due per the Payment Schedule. Payment of Contractor’s Application for Payment shall be due and payable within seven (7) working days of receipt by Owner. After seven (7) working days, interest shall accrue at 10% per annum, .0833 % per month. Owner shall state in writing within seven days of receipt of Contractor’s Application for Payment the basis of any dispute for which Owner has elected to withhold any part of any payment.
C) Payment for Additional Work is due within seven (7) working days following completion of all of the Additional Work. Please note we bill additional work at a percent complete so you never pay for work yet to be performed.
4.02. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by Owner to Contractor following substantial completion as defined by law. Substantial completion is defined as the product being put to its beneficial use. The final punch list is not part of substantial completion and shall not delay final payment however a portion of final payment, relative to the amount of work remaining, may be held back until the punch list is completed.
4.03. It is understood that if Contractor is not paid within seven (7) business days of receipt of the billing, Contractor may after two (2) business days’ written notice, stop work. Owner will be charged and will pay for demobilization and remobilization costs of $1,500 per incident should this
occur, and the Contract time shall be extended 5 days to accommodate for remobilization. All costs for demobilization and remobilization must be paid before remobilization. If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and Owner has failed to take significant steps to cure the default, then Contractor may, without prejudicing any other remedies, give written notice of termination of the Contract to Owner and receive payment for all completed work and materials ordered through the date of work stoppage, and any other reasonable loss sustained by Contractor, including Contractor’s fee at the rates set forth on page 2 on the balance of the incomplete work under the Contract. Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and warranty work.
5.01. Owner, at any time after execution of this Contract, has the right to order changes in the Work via written Change Order signed by Owner. The ordering of such changes, regardless of their magnitude, shall in no way invalidate this Contract and such changes shall be governed by the terms of this Contract. Owner is advised that approval of a Change Order may result in a delay of the completion of the Work. The Contractor’s time in pricing changes to scope of work and or alternative products / specifications shall be reimbursed to Contractor regardless of whether the Owner decides to implement the proposed changes into the contract.
This Contract is based solely on the observations Contractor was able to make with the project in its condition at the time the Contract was bid. If additional concealed conditions are discovered once Work has commenced or after this Contract is executed which were not evident at the time this Contract was bid, Contractor will clearly define concealed conditions to Owner, and such conditions will be treated as Additional Work. Contractor is released, held harmless, and indemnified by Owner from all pre-existing mold, fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing, testing, or remediating the same.
In order to maintain the project schedule Contractor requires timely responses to all requests for information from Owner, Architect, Engineer, etc. For purposes of this contract a timely response to Contractors RFI and/or open items shall be defined as within 3 business days. Such requests for information will be documented and distributed to applicable parties. If the Contractor is delayed due to insufficient information such delay will be documented through properly executed change order and time extension.
5.02. Any alteration or deviation from the Scope of Work referred to in this Contract involving extra costs of materials or labor (including any overage on Allowance work and any changes in the Scope of Work required by Owner, Owner’s design professional, Owner’s agent, or governmental plan checkers or field building inspectors) will be treated as Additional Work under this Contract. Additional Work required by the building department at the jobsite (that is not part of the project documents) shall also be incorporated into the contract as a Change Order.
5.03. If a change ordered by a Change Order affects the cost of performing the Work, the Contract Sum shall be adjusted in accordance with the provision of the Change Order, subject to the following:
A) Additional Work will be charged at Contractor's cost thereof (backed by appropriate invoices or bills therefore) plus consultation / estimating time and Contractor’s Fee at the rate set forth in section 5.07.
B) For deletions in the Work, the Contract Sum shall be reduced by the amount of savings in cost, computed on the same basis as provided in "(A)" above for Additional Work, excluding Contractors Fee so as not to negatively affect the Contractors Fee for the project.
C) Allowances in the contract pricing shall be determined as follows:
(1) Payment for work designated in the Contract as Allowance work has been initially factored into the Contract Price and Payment Schedule set forth in this Contract. If the final amount of the Allowance work exceeds the line item allowance amount in the Contract, the difference between the final amount and the line item Allowance amount stated in the Contract will be treated as Additional Work and is subject to Contractor’s Fee at the rate set forth in section 5.07; please note we do our best to keep you informed on allowance totals so that you can make decisions but there are also instances where allowances get reconciled after the fact; (2) If the final amount of the Allowance work is less than the Allowance line item amount listed in the Contract, a credit will be issued to Owner after all billings related to this particular line item Allowance work have been received by Contractor. This credit will be applied toward the final payment owing under the Contract. Contractors Fee is not credited back to Owner for Allowance work.
5.04. An Allowance, as included as a part of a Contractor's estimate, is a chosen sum to cover the anticipated cost of material(s) and or scope of work yet to be defined. The Allowance sum approximately anticipates the cost of a particular item or items (light and plumbing fixtures, appliances, etc.) and includes taxes, delivery and/or pick-up, and Subcontractor's profit and overhead mark-up. The Allowance does not generally include the cost of labor for installation. However, labor may be included within the Allowance and it will made clear in the line item of the Cost Breakdown. The actual cost for an Allowance item will most likely be different than the Allowance sum used in the estimate and Owner agrees to pay the actual cost related to an Allowance item as set forth in this Contract.
5.05. If Owner wishes to provide a specific portion of the project to avoid Contractors fee such work should be agreed upon in advance of the Contract. Owner is then responsible for the timely delivery of the item to the jobsite as required for construction, including all accessories and assemblies as required for installation. Owner is also responsible for returns due to damages, or other error during shipping, and all warranty repairs, as well as any cost to the Contractor due to delays or improper ordering and delivering.
5.06. Contractor recommends that Owner begin the Project with as complete a set of plans and specifications as possible to assist in the completion of the Project with little delay. However, it is not uncommon for the working set of drawings to be incomplete from a design and detail standpoint. It is not Contractor’s function to act as a design consultant but often times it is necessary so the Work can continue and be completed to Owner’s satisfaction. If Owner chooses not to hire outside design help, or keep Architect on for project administration, Owner and Contractor will agree to a means of financial compensation. If another format is not chosen
Contractor will apply its hourly rate to the design discussions and if necessary, design drafting required to complete the Work. Owner will receive the design time billing in the form of a Change Order. It is Owner’s responsibility to supply any design involving structural engineering.
5.07. In determining change order pricing, Contractor will use the labor rates reflected on Attachment J, and add to Contractors cost for labor and material a 20% Contractors Fee.
5.08. Owner agrees not to hire or solicit work from any Contractor’s employees, subcontractors or any other personnel under the direction of Contractor until after Contractor is paid in full. Any deviation from this provision must be agreed upon in writing prior to any work taking place.
5.09. Increased costs may be incurred due to the substitution of a subcontractor or material supplier for reasons beyond the Contractors control. We will do our best to find a substitute subcontractor to perform work for said price but if we cannot match the original price and there are increased costs, such costs shall be responsibility of the Owner. Changes to the approved scope of work may require city/county approval otherwise the Contractor may be forced to stop work. In the event the Contractor is forced to stop work for reasons beyond Contractors control a stop work fee of $1,500 will be assessed.
6.01. Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.
6.02. Contractor shall indemnify and hold harmless Owner, but not any design professional, consultant or other agent of Owner, from and against all liability to any third party for bodily injury, death or tangible property damage caused by the negligent acts or omissions of Contractor, but only to the extent caused by the fault of Contractor. Contractor shall have no such obligation for any claims, demands, causes of action, damages, liabilities, losses, or expenses to the extent caused by Owner or any other party other than Contractor, including any claims based on lead removal and abatement and/or exposure to lead. Nothing herein abridges the rights, if any, of Owner or Contractor to seek contribution from others where appropriate.
6.03. For claims against Owner by an employee of Contractor, a subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, Contractor’s indemnification obligation under this section shall be limited to the amount or type of damages, compensation or benefits payable by or for Contractor or a subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.
6.04. Owner shall defend, indemnify, and hold harmless Contractor, and its subcontractors, from and against any and all claims, demands, causes of action, damages, liabilities, losses and expenses arising from the Project and/or the Contract to the extent caused by the fault of Owner or its consultants, design professionals or agents.
6.05. Owner may not delay, withhold or set off payment otherwise due Contractor for reason of any claim which may be subject to Contractor’s indemnification obligation under this section.
6.06. If (i) any lien or claim which may ripen into a lien is made or filed against the property comprising the Project site as a result of the prosecution of the Work, and (ii) Contractor fails to settle such lien or claim to Owner's satisfaction (including the recording of a full release if a lien has been recorded) within the (10) days after written notice from Owner, then Owner may, as its option, settle such lien or claim directly with the holder thereof and deduct all costs and expenses associated with such settlement from the Contract Sum hereunder.
6.07. Owner shall maintain builder’ risk insurance for the full value of the contract price. Owner shall be responsible for any deductible on such insurance. Such builders’ risk coverage shall waive subrogation rights against Contractor and is subcontractors and shall name as insured parties and protect Contractor and its subcontractors from loss of or damage to their work, equipment, tools and supplies, including all costs needed to replace the damaged work, including demolition, design, permit and inspection fees, labor, and materials. If Owner fails to provide builders’ risk insurance, Contractor is relieved of the obligation to restore damaged work, and Owner shall be responsible for all losses that such insurance would have covered if provided.
6.08. In accordance with the California Civil Code Section 2782.5 Owner shall release Contractor from any claim by Owner for any damage incurred by design defects.
7.01. Contractor shall be provided notice and opportunity to correct any Work (i) rejected by Owner as defective or failing to conform to the Contract Documents, whether observed before or after completion of the Work or (ii) found to be defective or non-conforming within a period of one year from the date of substantial completion, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. Such notice and opportunity to correct shall be a condition precedent to any right of Owner to seek remedy for defective construction or breach of warranty. If Contractor fails to so correct such Work, Owner may deduct the value thereof from the Contract Sum. This Section shall apply to Work done by subcontractors as well as to Work done by direct employees of Contractor and shall survive the termination of the Contract.
8.01 Owner & Contractor reserve the right to terminate this contract. If Owner or Contractor terminates this contract, Contractor will cease work, present invoice for work completed to date, and upon receipt of full payment release to Owner a list of all subcontractors and suppliers who provided materials and services for the project. There will be no penalty or cancellation fees incurred by either party except for interest on any unpaid balance.
9.01 DISPUTE RESOLUTION. The parties to this Contract establish this dispute resolution section to resolve any misunderstanding, concern, dispute, or question about the Contract and/or the related Work, in a prompt, efficient, and cost-effective framework.
Any controversy arising out of the Work or regarding interpretation of the Contract or any subcontract, that cannot be resolved through dispute resolution, is subject to arbitration. Owner, Contractor, and all subcontractors, sub-subcontractors, materials suppliers, and other parties concerned with the Work are bound to each other by this arbitration clause, provided the party has signed the Contract, a contract that incorporates the Contract by reference, or any other agreement to be bound by the arbitration clause. On demand of the arbitrator or any party to an arbitration initiated under such provisions, Contractor and all parties bound by this arbitration provision agree to join in and become parties to and be bound by such arbitration proceedings.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVER AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
Any arbitration related to this Agreement shall be governed by the following rules:
1) Evidence and Expert Testimony.
The California Evidence Code shall govern the arbitration. Expert testimony shall be permitted according to the same standard as allowed in a court of law.
2) Discovery.
The parties may conduct any discovery permitted under the California Discovery Act. The arbitrator shall adjudicate any disputes with regard to discovery.
3) Reasoned Award.
The arbitrator shall hear and determine the matter, and shall execute and acknowledge the award in writing and cause a copy thereof to be delivered to each of the parties. The award
shall include factual findings, conclusions of law, and the reasons on which the decision is based. The decision of the arbitrator shall be final, binding, and conclusive. The award of the arbitrator may be confirmed by the Superior Court in the County where the Project is located, and such Court may vacate, modify, or correct the award in accordance with the prevailing sections of the Act and in accordance with the terms and conditions herein.
If any party refuses or neglects to appear at or to participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is present by the participating party or parties. The arbitrator is authorized to award any party or parties such sums as they deem proper for the time, expense and trouble of arbitration, including arbitration fees.
9.02. CONSTRUCTION DRAWINGS. Contractor shall maintain at the Project site a complete approved (by all applicable governmental bodies) set of the construction drawings and shall deliver the same to Owner upon completion of the Work. Printing of plans revised before and or during construction is the responsibility of the Owner.
9.03. SECURITY. Contractor shall be responsible for the receipt and inventorying of all material, fixtures and equipment delivered to the Project site. Owner and Contractor shall be responsible to keep secure all materials and fixtures delivered to the site. Contractor will be responsible to keep secure all of Contractor’s tools and equipment present on site. Contractor shall have a secure lockable place to store tools and equipment necessary to complete the project. If Contractor is required to remove materials and or tools from the premises, this will entitle Contractor to a Change Order. Owner is responsible for keeping themselves, children, pets and neighbors away from materials and tools while Contractor or its crew is not on the Project.
9.04. ACCESS. Owner shall have access to the Project site at all times for the purposes of inspecting the Work and otherwise preparing the premises for occupancy. Children and guests should not be allowed on site. Owner takes full liability for which it brings on site. Contractor and its crew will be allowed to work between the hours of 7:00 AM and 5:00 P.M., Monday through Friday and when applicable 8:00 AM and 5:00 PM on Saturdays. The above can be subjected to the rules of neighborhood associations.
9.05. SAFEGUARDS. Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection. Contractor will protect project from weather to the best of its ability but will not be held liable for severe weather, acts of God, theft, and or any other circumstances beyond its control.
9.06. WARRANTY. Your satisfaction with our work is a high priority for us. However, not all possible complaints are covered by our warranty. Contractor provides a limited warranty against material defects on all Contractor and subcontractor supplied labor and materials used in this project for a period of one year following substantial completion of all Work. This warranty covers normal usage only. You must contact Contractor in writing for warranty service immediately upon discovering an item in need of warranty service. If the matter is urgent, you must also call Contractor and send written notice of the need for warranty service. Failure to notify Contractor of the need for warranty service within ten days of discovery of a warranty item will void this warranty. Additionally, Owner’s hiring of others or direct actions by Owner or
Owner’s separate contractors to repair a warranty item are not covered by this warranty and will not be reimbursed by Contractor. No warranty is provided by Contractor on any materials furnished by Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by Contractor within the dwelling or the property (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the Project, Owner’s sole remedy (for materials and labor) on all materials that are covered by a manufacturer’s warranty is strictly with the manufacturer, not with Contractor. Repair of the following items and related damages of every kind are specifically excluded from Contractor’s warranty: issues caused by lack of Owner maintenance; problems caused by Owner abuse, Owner misuse, vandalism, Owner modification, or alteration; and ordinary wear and tear. Damages resulting from mold, fungus, and other organic pathogens are excluded from this warranty unless caused by the sole and active negligence of Contractor as a direct result of a construction defect which caused sudden and significant amounts of water infiltration into a part of the structure. Deviations that arise such as the minor cracking of concrete, stucco, and plaster; minor stress fractures in drywall due to the curing of lumber; shrinking/cracking of grouts and caulking; fading of paints and finishes exposed to sunlight are all typical (not material) defects in construction, and are excluded from Contractor’s warranty. We do provide service to clients where these minor imperfections can be repaired but at reasonable cost.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. SOME STATES RESTRICT LIMITATIONS ON VARIOUS WARRANTIES, AND SO A CONSUMER’S RIGHTS UNDER THIS WARRANTY MAY VARY. THIS LIMITED WARRANTY MAY NOT BE VERBALLY MODIFIED BY ANY PERSON. THIS LIMITED WARRANTY IS GOVERNED BY THE LAWS OF THE STATE WHERE THE WORK WAS PERFORMED.
9.12. SEVERABILITY. Any provision or provisions of the Contract which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect.
9.13. INTEGRATION. This Contract merges and supersedes all prior negotiations and understandings between the parties and constitutes their entire agreement. It may not be changed or amended except by in writing.
9.14. CONFLICT IN DOCUMENTS. In the event of any inconsistency among two or more of the Contract Documents, such inconsistency shall be resolved by giving the Contract Documents the following order of priority: (B) Cost Breakdown, (H) Plans & Specifications (Architectural, Structural, Civil, and Landscape, in that order).
9.15. COMPLETION. Owner agrees immediately upon completion to execute and record a Notice of Completion in the form attached as Attachment M. Owner hereby appoints Contractor
as Owner’s agent to execute and record a Notice of Completion, on Owner’s behalf if Owner fails within two days of written request by Contractor to execute and record the Notice of Completion.
10.1. STANDARD EXCLUSIONS: Unless specifically included in the “General Scope of Work” section above, this Contract does not include labor or materials for the following work:
a) Plans, engineering fees, or governmental permits and fees of any kind.
b) Additional work required by governmental plan checkers on final “Red Lined” Job copy of plans that are yet to be issued.
c) Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). If asbestos products, mold, and/or lead or other hazardous materials are known to be present in the building before the Work begins, it is Owner's responsibility to sub-contract the abatement of the asbestos, mold, and/or lead. If asbestos, mold, and/or lead is discovered during the process of renovation, State law requires that work must stop until proper removal or encapsulation has taken place.
d) Moving Owner’s property around the site.
e) Labor or materials required to repair or replace any Owner-supplied materials.
f) Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction.
g) Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines).
h) Landscaping and irrigation work of any kind.
i) Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil.
j) Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure.
k) Correction of concealed substandard framing.
l) Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, which may be discovered hidden in the removal of walls or the cutting of openings in walls.
m) Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot).
n) Public or private utility connection fees.
o) Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. We will do our best to protect these surfaces but sometimes damage is unavoidable.
p) Cost of correcting errors and omissions by Owner’s design professionals and separate contractors.
Attachment H
SCHEDULE OF ARCHITECTURAL DRAWINGS
(list here original and revision sets of drawings, including dates of revisions)
SCHEDULE OF ENGINEERING DRAWINGS
(list here original and revision sets of drawings, including dates of revisions)
The following rates and fees will be used in calculating Change Order amounts:
CONTRACTOR Equipment Rental :
30 lb. Jackhammer Daily - $55 Weekly - $220
60 lb. Jackhammer Daily - $80 Weekly - $320
Electric Re-Bar Bender Daily - $90 Weekly - $270
Trailer $65 per Load
Billable hours for Kasten Builder employees include prep time in warehouse, material runs, clean up, and dump runs. *Contractor’s efforts pricing changes to scope and specifications shall be billed per rates above regardless of whether the changes are implemented into the contract.
NOTE: The above rates in effect thru 2020, after which rates are scheduled to increase by 5%.
Contractor will charge for Contractors Fee per the rates set forth on page 2 on all Work performed on a Time-and-Materials basis (on both materials and labor rates) and on all costs that exceed specifically stated Allowance estimates in the Contract
Payment
On a 1.5 acre lot at the base of Mount Tamalpais in the Kent Woodlands neighborhood of Kentfield, California rests The Lands of Aiko. Designed by renowned modern architect Robert Swatt, the newly renovated property is a sanctuary for our client Aiko, her family, and a menagerie of animals. The interiors were designed by Aiko’s sister Momoko Morton of Naka Interiors in Colorado.
Japanese inspired wood screen window wall runs nearly the entire length of the front of the home. The residence is also home to the family’s four dogs, which they rescued from the streets of Singapore.
A custom hand-built chandelier by Margaret O’Rourke and Sirkka Pikkari hangs over the dining room table. Two large sliding glass doors provide an elegant entry to a spacious kitchen pantry.
and
The main staircase leads to 3 bedrooms and 3 baths downstairs. Flanked by travertine stone and glass railing, a full length skylight above creates a myriad of light and angles throughout the day.
A subtle mix of board formed concrete, integral stucco, large travertine stone, and stained cedar wood siding complement the home’s modern design. Extensive structural steel within the structure creates the pavilion style overhangs around the home.
The lower level of the property consists of a swimming pool with a detached pool house equipped with a full kitchen and bath. Views of the property’s gardens, Mount Tamalpais, and the San Francisco Bay never disappoint guests.
During the framing stage of the project Aiko opted to add a floor to ceiling window on the left side of the family room. This insightful addition perfectly frames a large oak tree and many consider it to be the best window in the house.
Large travertine slabs clad the knuckle wall that runs both inside and outside of the home. The living and dining rooms are both spacious and calming.
Working with the Kasten team of professionals to create this exquisite home was a once-in-a-lifetime experience. The professionalism, dedication, attention to detail, and sheer expertise of their respective crafts was truly aweinspiring. To us, they are now like family.
Aiko Morton, Client
Kasten Builders professionalism, craftsmanship and attention to detail made teaming with them on Aiko’s house a truly great experience for all involved. They really care about the quality of their work and making sure that both the owner and architect are happy, creating a finished project that is true to the architect’s design and meeting, or exceeding, the owner’s expectations. Pete, Denny, and the whole crew at Kasten Builders were a pleasure to work with and we look forward to teaming with them again in the future.
Robert Swatt, FAIA, Principal in Charge, Swatt | Miers Architects
Tricia Alesii, Project Architect, Swatt | Miers Architects
