MCNEAL KINSELLA

DANA FOSTER INTERIORS
CONSULTING SERVICES AGREEMENT

Dana Foster Interiors, ("Consultant") and

Name

Bob McNeal and Jim Kinsella

Title

Client

Email

jkrmhome@gmail.com

("Client") agree as follows:

It is the intent of both parties that this Consulting Services Agreement ("Agreement") shall serve as the basis for services to be provided by Consultant to Client. The parties hereto agree as follows:

  1. Term. This Agreement is intended to memorialize that a consulting relationship has been established between Consultant and Client took effect on

Date

04/19/2024

  • and shall continue until terminated in accordance with this Agreement.
  1. Consultant's Services.
    • Scope and Nature of Services. Consultant represents the Client as the Client's interior designer, and provides professional skill and judgement in accordance with recognized professional standards in interior design. Consultant will review the Client's scope of project, budget, and schedule to reach an understanding of the project requirements and provide professional services outlined in Appendix A, as approved by the Client. Consultant may perform other services as may be agreed between the parties (collectively, the "Services").
    • Delivery of Services. Consultant shall retain its full control and discretion over the manner in which it performs the Services, including, but not limited to, the specific hours to be worked, subject to the general requirement that Consultant shall perform his/her services at such times that are most beneficial to the Client. Consultant shall perform the Services in a professional manner and in accordance with generally accepted business practices, and it shall devote that portion of his/her time, energy and skill as may be reasonably necessary to fulfill his/her obligations under this Agreement.
    • Non-Client Services. During the term of the Agreement, Consultant shall be free to devote his/her time and attention to such other non-Client related consulting activities with any other persons or firms as it deems appropriate.
    • Subcontractors. All product and/or service that is billed through Consultant is managed by Consultant. Consultant will provide and direct qualified subcontractors who specialize in residential design work, renovations, and new construction and who are licensed and insured to conform to the highest industry standards and practices. Consultant may work with other contractors, or their Builder/General Contractor's subcontractors, that are hired by Client, however Consultant will not be held liable for the work performed, the timely completion of work or any portion of the work performed by these third parties.
  2. Client Responsibilities. Client shall comply with all reasonable requests of Consultant and to provide access to all information or resources reasonably necessary to the performance of Consultant's duties under this agreement.
    • Client shall furnish consulting services not included in this contract but required for the project, including but not limited to architecture, structural engineering, electrical engineering, mechanical engineering, surveying, geotechnical engineering, and environmental testing or like services.
    • Designer drawings are conceptual in nature and are intended to set fourth design intent. They are not to be used for architectural or engineering purposes. Consultant does not provide drawings for permits, obtain permits, or provide budget for permits.
    • While Consultant works hard to provide thorough and accurate dimensions for design and drawings, field measurements sometimes change during construction and discrepancies may occur. It is the responsibility of the Builder/General Contractor (or Client if there is no Builder/General Contractor) to ensure on-site measurements and field conditions for accuracy.
  3. Costs and Compensation.
    • Payment for Services. Client shall pay Consultant for the Services at rates that are agreed upon in Appendix A of this Agreement.
    • Invoices. Invoices for design and merchandise fees are produced monthly and issued to Client electronically by the first of the month or no later than the 10th day of each month. Attached to the hourly fee invoice is an itemized log of work performed during that month. All design time invoices are due and payable in full upon receipt and received no later than 10-days from date of invoice. If payment is 30 days late, a late charge will incur at 3% per month.

      Invoices for merchandise procured are due at the time of acceptance. Merchandise and/or labor or subcontractor work will not be ordered until the required payment is received in full. The receipt of funds act as your acknowledgment and approval of goods and services.
    • Method of Payment. All invoices are sent electronically to Consultant, unless otherwise requested. Payment for the retainer, design invoices, merchandise invoices and deposits are accepted by credit card, or check made payable to Dana Foster Interiors. Any credit card payments are charged a 4% processing fee.
    • Notification of Billing Questions/Right to Halt Work. Consultant is available to answer invoice questions. In the event there is a question regarding design fees or merchandise invoices, please notify Consultant early on. If one month of design billing is outstanding, Consultant reserves the right to halt to work until all invoices are paid in full.
    • Retainer. A retainer is required at the time of signing the Agreement. The retainer amount is based on the scope of the project and is outlined in Appendix A. The retainer remains in the possession of Consultant until the completion of the project. The retainer is returned upon receipt of all design fee invoices and merchandise invoices.
    • Long Distance Travel Expenses. Client is required to pay costs for any long distance travel and travel related expenses, professional moving services and cleaning services are not included in the professional fees or scope of service. Long distance travel related expenses are determined as required.
    • Out-of-Pocket Expenses. Out-of-pocket expenses required to facilitate the design concept is a reimbursable expense billed to the Client at the Consultant's cost. These reimbursable expenses may include reproduction costs, blueprint reproductions, black and white or color copies, oversized copies, packing products, courier costs, long distance phone calls, paint samples, paint brushes, postage, handling, and/or mock-ups etc. necessary for the project. Client authorizes Consultant to spend up to $200.00 per item without written approval. Any expense that is $200.00 or higher in cost requires Client authorization and approval.
    • Cost Proposals. Consultant prepares and submits electronic cost proposals for all items to be purchased. All proposals are valid for 30-days, unless otherwise notified. If proposals are not approved within 30-days, Consultant will need to check for any price increase or product discontinuation. This service is billable at the principal designer rate in Appendix A. Upon receipt of approved products or services, an electronic invoice is sent for payment. The required payment or deposit is listed on the invoice in accordance to the terms in this agreement. Invoices act as receipts. Purchases will not be processed without Client approval and required payment. The merchandise or service deposit received is acknowledgement of these terms and serves as approval of goods and services.
    • Product Delay, Discontinuation, or Back Order. Consultant assumes no responsibility for product or merchandise delay, back-order, or material discontinuation that are beyond its control. Products can be back-ordered or discontinued at any time, and material dye lot colors can change at any time. Consultant provides written notice if any of these contingencies occur and it provides alternate selections and/or solutions immediately. Any merchandise re-selection or design revision made for any reason in consultation with Client, and the Builders/General Contractors are billed the principal designer rate. Once materials, dimensions and design layouts are approved by the Client, and products are ordered, the Client takes full responsibility for such items.
    • Freight, Receiving, Delivery Charges. In-bound freight charges for merchandise from various manufacturers to Consultant's receiving warehouse are billed separately once costs are known. Additionally, any local pick-up, delivery, and/or set up installation charges for merchandise are billed separately once known. In-bound freight charges are based on the location of origin, weight, packing requirements, and speed of shipment and are established by the manufacturer. Any freight claims are filed by Consultant on the Client's behalf and remedied in a timely manner.
    • Client Ordered Products. Consultant carefully selects items and designs spaces to reflect the overall project aesthetic, budget, and quality that represents Dana Foster Interiors. Consultant understand that certain items may be procured by Client. Consultant recommends that any purchase made by Client is brought to its attention so that Consultant can ensure 1) the design aesthetic remains consistent and 2) Consultant is kept apprised of any project timelines that may affect the ordering or delivery process. Purchasing responsibilities for any furnishing items that Consultant recommends through local or national retail stores (i.e. Restoration Hardware, Crate and Barrel, Pottery Barn, West Elm etc.) belong to the Client, unless otherwise requested. Consultant is not responsible for the quality or condition of any product procured by Client, or held responsible for any defect or damage, or project delay caused by merchandise purchased by the Client.
  4. Intellectual Property.
    • Instruments of Service. Instruments of service are representations of the creative work performed by the Consultant and the Consultant's subcontractors. Instruments of service may include, without limitation, any creative works, studies, models, hand sketches, drawings, details, materials specifications, contract documentation, or any 3D computer aided rendering or virtual reality tool or similar representation used to demonstrate the design concept and build the completed project.
    • Ownership and Use of Consultant's Drawings, Specifications, and other Documents. Documents prepared by the Consultant are instruments of the Consultant's service for use solely with respect to this project only. The Builder/General Contractor, subcontractors, sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the work on this project only. The instruments of service may not be used or replicated for use on other projects, publications, media or news articles or without the specific acknowledgement and written consent of the Consultant. If instruments of service are requested to be used for publication, media, news articles or marketing, the work shall recognize and credit interior design work to Dana Foster Interiors along with photographer.
    • Photography. Consultant requires Clients to authorize that Consultant can photograph and/or film before and after photos, progress photos and completion photos of the property. Consultant may use the photography for marketing purposes for portfolio, website, social media and other marketing tools/materials. Personal information of the Client or property address are protected in confidence. Occasionally, Consultant asks clients to authorize Consultant to place a lawn or fence sign on the property throughout the project. if appropriate. Any photography produced by Dana Foster Interiors or affiliate members of the project shall recognize and credit interior design work to Dana Foster Interiors.
  5. Termination. Either Consultant or Client may terminate this Agreement for any reason and without cause upon written notice. Client shall be obligated to pay Consultant for all time spent rendering Services, and to reimburse Consultant for all applicable expenses incurred, up to termination.
  6. Assignment. Neither this Agreement nor any duties, obligations or benefits under this Agreement may be assigned by either party without the prior written consent of the other party.
  7. Notice. All notices required by this Agreement, including, but not limited to termination notices, will be sent regular first class and certified or overnight mail, or delivered by hand to the respective parties to the address set forth below, or if applicable, to the email addresses set forth below (or to such other alternative addresses or persons as one party may provide in writing to the other):
Consultant:

Mailing Address:
Client:

Mailing Address:
Dana Foster Interiors
4580 Klahanie Drive SE, #442
Issaquah, WA 98029
dana@danafosterinteriors.com

Bob McNeal and Jim Kinsella
400 E. Lake Sammamish Place SE
Sammamish, WA 98075

  1. Limitations on Liability. Neither Consultant nor Client shall be liable to each other or any other person for any indirect, incidental, consequential or punitive damages, for any matter arising out of or relating to the Agreement. In addition, Consultant does not make any representations or warranties as to the Work Product that is given to third parties by Client and shall not be liable for any damages as a result of reliance by third parties on the Work Product.
  2. Indemnification. Consultant and Client agree that they will mutually indemnify, defend, protect and hold harmless each other and their respective officers, directors, employees, stockholders, agents, representatives and Affiliates, at all times from and after the date of this Agreement from and against all liabilities, obligations, deficiencies, demands, claims, suits, actions, or causes of action, losses, costs, expenses, interest, fines, penalties, actual or punitive damages (individually a “Loss” and collectively, the “Losses”) incurred by any of such indemnified persons as a result of or arising from the gross negligence or willful misconduct of one of the indemnifying parties.
  3. Attorneys’ Fees. In the event that Consultant or Client employs an attorney to enforce or defend any claim or cause of action arising out of or in any way connected with the rights and obligations set forth in this Agreement, including arbitration or litigation (including appeals) in any state or federal court, the prevailing party shall be entitled to an award of reasonable attorney fees and costs.
  4. Choice of Law/Jurisdiction/Venue. The Agreement shall be governed and construed in accordance with the laws of the State of Washington, and both Consultant and Client consent to jurisdiction in the state and federal courts sitting in the State of Washington and King County.
  5. Successor Interests. This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
  6. Waiver of Contractual Right. No delay or failure by any party hereto in exercising or enforcing any of its or their rights or remedies hereunder, and no course of dealing or performance with respect thereto, will constitute a waiver thereof. The express waiver by a party hereto of any right or remedy in a particular instance will not constitute a waiver thereof in any other instance. All rights and remedies will be cumulative and not exclusive of any other rights or remedies.
  7. Entire Agreement; Severability. This Agreement contains the entire agreement between Consultant and Client, and all negotiations and understandings have been merged herein. Any prior agreements between the parties related to the subject matter hereto are superseded in their entirety. This Agreement may only be modified or amended upon written mutual consent of both Consultant and Client.
  8. Agreement Expiration. The terms in this letter of agreement will hold for 30 days from date of letter, or until May 19, 2024

Term Date

Until terminated by Client or Consultant.



Dana Foster Interiors

Dana T. Foster
Principal/Interior Designer
Date: 04/19/2024

Client

By: Bob McNeal and Jim Kinsella
Date: 04/19/2024

Project:

Name: McNeal Kinsella Residence
Site Address: https://project.com

Client:

Name: Bob McNeal and Jim Kinsella
Address:

Bob McNeal and Jim Kinsella
400 E. Lake Sammamish Place SE
Sammamish, WA 98075



Designer:

Dana T. Foster
Principal/Interior Designer
Dana Foster Interiors
4580 Klahanie Drive SE, #442
Sammamish, WA 98029



Builder / General Contractor:

Dave Malone



Appendix A: Fees and Scope of Services

Professional Fees

The principal hourly rate is billed at $250.00 per hour, including travel time.

SCOPE OF SERVICES

PHASE 1 CONSTRUCTION

CONSTRUCTION RELATED FEE SCHEDULE
LAKE HOUSE:
407 E. Lk. Sammamish Pkwy SE, Sammamish, WA 98074

The project scope of work related to construction or renovation is minimal at this time. Interior design professional services are provided at $250.00 per hour, including travel time.

Design fee invoices will be sent out at the first of each month. Payment is due within 10 days.

The agreed upon hourly fee is subject to change, upon a 30-day notification, on 01/01/26.

MERCHANDISE OR SUBCONTRACTOR WORK (painting, specialty wall finishes, wallcoverings, light fixtures etc.):
Merchandise or subcontractor work provided at designer’s cost plus 20%. Shipping, estimated receiving, warehouse storage and delivery and installation charges are provided at designer’s cost plus 20%. Payment in full is required to place all orders. The receipt of funds act as your acknowledgement and approval of goods and services. Electronic invoices act as your receipt. All orders are final. No returns or exchanges.

Dana Foster Interiors prepares and submits electronic cost proposals for all items to be purchased by Dana Foster Interiors. All proposals are good for 30-days, unless otherwise notified. If proposals are not approved within 30-days, the Designer will need to check for any price increase or product discontinuation. This service is billable at the principal designer rate.

PROJECTED SCOPE OF SERVICES
ESTIMATE ONLY.

HARDWOOD FLOORING – Meet with hardwood floor contractor to review color and finish (matte finish); Follow up jobsite inspection to review finished flooring product to check for quality control. Misc. correspondence with builder/contractors as needed.

INTERIOR PAINT – Select interior paint color for main home, upper level guest bedroom and bathroom, lower level guest bedroom and bathroom. Meet with painting contractor to review paint colors and locations. Follow up jobsite inspection to check for quality control. Misc. correspondence with builder/contractor as needed.

ELECTRICAL – Meet with electrician to review electrical changes (remove outlets over office bench, replace light fixture in dining room, foyer)

TOTAL ESTIMATED FEE =
8 HRS. – 15 HRS. @ $250.00/HOUR PRINCIPAL RATE = $2,000.00 – $3,750.00
ESTIMATE ONLY
.
.

PHASE 11 FURNISHINGS

FURNISHING RELATED FEE SCHEDULE
LAKE HOUSE
407 E. Lk. Sammamish Pkwy SE, Sammamish, WA 98074

Interior design professional services are provided at $250.00 per hour, including travel time.

Design fee invoices will be sent out at the first of each month. Payment is due within 10 days.

The agreed upon hourly fee is subject to change, upon a 30-day notification, on 01/01/26.

INTERIOR FURNISHINGS/ARTWORK/ACCESSORIES:
Merchandise is provided at a shared discount of the retail cost less a 20% discount, unless otherwise noted. Fine artwork procured from art galleries is provided at the retail cost less a 5% discount, unless otherwise noted. Shipping, estimated receiving, warehouse storage and delivery and installation charges are provided at the designer’s cost plus 20%. Payment in full is required to place all orders. The receipt of funds act as your acknowledgement and approval of goods and services. Electronic invoices act as your receipt. All orders are final. No returns or exchanges.

Dana Foster Interiors prepares and submits electronic cost proposals for all items to be purchased by Dana Foster Interiors. All proposals are good for 30-days, unless otherwise notified. If proposals are not approved within 30-days, the Designer will need to check for any price increase or product discontinuation. This service is billable at the principal designer rate.

PROJECTED SCOPE OF SERVICES
ESTIMATE ONLY.

GREAT ROOM + Misc. (30 HRS. – 40 HRS.)
Gather project photo documentation and existing built measurements as needed. Research and select textiles, furnishing and artwork options. Provide conceptual furnishing layouts, preliminary color palette direction, and preliminary selection of furnishings, finishes and textiles, area rugs and accessories as needed. Preliminary item selections may include the research and selection of:
GREAT ROOM – New sofa(s), sectional, sofa back table, side tables, lounge chairs, floor lamp(s), table lamp(s), fine artwork, and/or pedestals with sculptural art.
FOYER – New chandelier option(s).
KITCHEN ISLAND – New barstool option(s).
DINING ROOM – New chandelier option(s).

PRIMARY BEDROOM (25 HRS.-30 HRS.)
Gather project photo documentation and existing built measurements as needed. Research and select textiles, furnishing and artwork options. Provide conceptual furnishing layout, preliminary color palette direction, and preliminary selection of furnishings, artwork and accessories. Preliminary item selections may include the research and selection of:
PRIMARY – New headboard, nightstands, table lamps, bench, lounge chair and artwork. Queen mattress provided by Client.

(3) GUEST BEDROOMS (30 HRS. – 40 HRS.)
Gather project photo documentation and existing built measurements as needed. Research and select textiles, furnishing and artwork options. Provide conceptual furnishing layouts, preliminary color palette direction, and preliminary selection of furnishings, artwork and accessories. Preliminary item selections may include the research and selection of:
GUEST – New headboards, nightstands, table lamps, benches, console tables or dressers, mirrors and/or artwork. Mattresses provided by Client.

LOWER LEVEL REC ROOM (30 HRS. – 40 HRS.)
Gather project photo documentation and existing built measurements as needed. Research and select textiles, furnishing and artwork options. Provide conceptual furnishing layouts, preliminary color palette direction, and preliminary selection of furnishings and accessories. Preliminary item selections may include research and selection of:
REC ROOM – New area rug, sofa(s), sectional, lounge chairs, cocktail table, side table(s), table lamp(s), game table and chairs and artwork.

Fee estimate includes (1) Zoom presentation meeting to review conceptual design and all items. Estimated fee also includes (1) round of revisions and (1) Zoom meeting to review revisions. Fee estimate includes procurement costs (pricing requests, written purchase orders, acknowledgements, track deliveries, follow up with trades and vendors, workroom visit to check quality and resolve any discrepancies prior to delivery and installation).

Delivery and installation fee provided at an additional principal hourly rate of $250.00 per hour.

Any revision can add time depending on the size and scope of the revision. Additional revisions and options are provided at the hourly principal designer rate.

TOTAL ESTIMATED FEE =
115 HRS. – 150 HRS. @ $250.00/HOUR PRINCIPAL RATE = $28,750.00 – $37,500.00
ESTIMATE ONLY
.
.

PHASE 111 FURNISHINGS

MAIN HOUSE
400 E. Lk. Sammamish Pkwy SE, Sammamish, WA 98074

FURNISHINGS RELATED FEE SCHEDULE
MAIN HOUSE:

Interior design professional services are provided at $250.00 per hour, including travel time.

Design fee invoices will be sent out at the first of each month. Payment is due within 10 days.

The agreed upon hourly fee is subject to change, upon a 30-day notification, on 01/01/26.

INTERIOR FURNISHINGS/ARTWORK/ACCESSORIES:
Merchandise provided at shared discount of retail less 20% discount, unless otherwise noted. Fine artwork procured from art galleries provided at retail less 5% discount, unless otherwise noted. Shipping, estimated receiving, warehouse storage and delivery and installation charges are provided at designer’s cost plus 20%. Payment in full is required to place all orders. The receipt of funds act as your acknowledgement and approval of goods and services. Electronic invoices act as your receipt. All orders are final.

Dana Foster Interiors prepares and submits electronic cost proposals for all items to be purchased by Dana Foster Interiors. All proposals are good for 30-days, unless otherwise notified. If proposals are not approved within 30-days, the Designer will need to check for any price increase or product discontinuation. This service is billable at the principal designer rate.

PROJECTED SCOPE OF SERVICES
ESTIMATE ONLY.

KITCHEN – New Counter Stools
FAMILY ROOM – Reupholster Existing Sectional
PRIMARY BEDROOM – Reupholster Existing Lounge Chair
SITTING ROOM – TBD

Gather project photo documentation and existing furniture measurements. Research and select textiles and furnishing options. Provide preliminary color palette direction for textiles to be used for reupholstery of items and/or option for new furnishings, finishes and textiles.

Fee includes (1) Zoom presentation meeting to review conceptual design and all items. Fee also includes (1) round of revisions and (1) Zoom meeting to review revisions. Fee estimate includes procurement costs (pricing requests, written purchase orders, acknowledgements, tracking deliveries, follow up with trades and vendors, workroom visits to check quality and resolve any discrepancies prior to delivery and installation).

Delivery and installation fee is additional and provided at designer hourly rate of $250.00 per hour.

Any revision can add time depending on the size and scope of the revision. Additional revisions and options are provided at the hourly principal designer rate.

TOTAL ESTIMATED FEE =
7 HRS. – 15 HRS. @ $250.00/HOUR PRINCIPAL RATE = $2,000.00 – $3,750.00
ESTIMATE ONLY

PHASE I – III:
$32,750.00 – $45,000.00
ESTIMATE ONLY.

3D rendering not provided in this estimate. If 3D rendering is requested, this service will be outsourced and the Consultant will provide a cost estimate for approval.

Fee Payment Schedule

A retainer payment of $15,000.00 shall be due to the Consultant when this agreement is approved and signed by both parties; the remaining fees and any accrued reimbursable expenses shall be billed to the Client monthly, as the work is completed.

RETAINER FEE: Credited at completion of project, upon receipt of ALL invoices $15,000.00
(Due upon contract signing)

RETAINER MAY BE PAID BY CHECK, CREDIT CARD OR ACH PAYMENT. CREDIT CARD PAYMENTS ARE PROCESSED AT 4% PROCESSING CHARGE.

HOURLY FEES BILLED 1x MONTH ON THE FIRST OF EACH MONTH

Additional Services

If Client requests the Consultant to provide any services not included in the above “Scope of Services”, the additional work shall be billed hourly as follows:

Additional services provided at the Principal Designer hourly rate of $250.00 per hour, including travel time.

Such additional services will be performed only after written confirmation is received from the Client.

Scope Of Service - Approval

If this Scope of Service and the accompanying Letter of Agreement meets with your approval, please sign and return a copy to Dana Foster Interiors along with the retainer fee of $15,000.00 to indicate that Dana Foster Interiors may commence work according to the terms herein and all design time will be paid in full.

RETAINER: $15,000.00

TOTAL AMOUNT DUE AT SIGNING: $15,000.00

Dana Foster Interiors

Dana T. Foster
Principal/Interior Designer
Date: 04/19/2024
Client

Name: Bob McNeal and Jim Kinsella
Title: Client
Date: 04/19/2024
Signature