EFTA00596320.pdf

JDG Jaredian Design Group Architects, Engineers and Construction Managers 5333 RMDUS GAM, SUITE 14. 5,. THOwS, U. S. VIRGO. SILANOS 00602.6900 • POST Of /ICI Box 6216, ST. TOOSO.S, U. S. VA ISOMOS 4.6216 TflIPHONS: (340) 777.1600 • FAX: (340) 777.1601 • E.,•A9: jciglivipowernel.net • WISSITF: January 29, 2014 Cecile deJongh Manager Financial Trust Company, Inc. 6100 Red Hook Quarter, Suite B3 St. Thomas, U. S. Virgin Islands 00802 Via E-mail: RE: FEE PROPOSAL FOR ARCHITECTURAL-ENGINEERING SERVICES FOR A LIVING ROOM EXTENSION, LITTLE ST. JAMES CAY, ST. THOMAS, U. S. VIRGIN ISLANDS Dear Cecile, It was a pleasure speaking with Mr. Epstein today regarding the planned extension of his library at the residence on Little St. James Cay, St. Thomas, U. S. Virgin Islands. As per our discussions, our understanding of the Scope Of Work shall consist of the design and construction of a new addition of the existing Living Room on St. James Cay. We estimate the size of this renovation to be in the range of 300 to 500 square feet. In general, the design services that we will perform on this project can be summarized as follows: Concept Design - Based on the mutually agreed upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Concept Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Final Design/Construction Documents - Based upon the approved Preliminary Design, the Jaredian Design group shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth, in detail, the requirements for the construction of the Project. Measured Drawings - We need to provide Measured Drawings for the existing Living Room at Little St. James Cay. This will include measuring the existing Living Room. We will also record any additional required existing conditions, graphically and/or photographically to prepare the existing floor plans, elevations and building sections. Construction Phase Services - These services will include the following: Perform periodic visits to the site during construction in order to review the progress and quality of the work for the purpose of ensuring conformity with the Construction Documents. This service will be billed hourly as required. The fee for the design services outlined shall be based upon o lump-sum fee of TWELVE THOUSAND DOLLARS ($12,000.00). 1 Fee Proposal for A-E Services for the Living Room at Little St. James. St. Thomas. U. S. Virgin Islands Joreclion Design Group January 29, 2014 EFTA00596320 The Jaredian Design Group reserves the right to adjust the design fee if construction, and if the Scope dramatically exceeds the Scope outlined in this proposal. For additional services, we shall receive a fee based on terms to be negotiated at the time the services are required. The fee is based upon the following payment schedule: • Concept Design $4,000.00 • Construction Documents $6,500.00 • Measured Drawings $1,500.00 GRAND TOTAL $12,000.00 We welcome this opportunity to provide you with our proposal. Your consideration of our firm is sincerely appreciated. Should you have any questions or comments, pleose feel free to call on me at Jaredian 777-1600. Very truly yours, JAREDIAN DESIGN GROUP John ods, AIA, NCARB Princi End.: JDG's Standard Terms and Conditions Cc: LeRoy V. Smith, Jr., PE, Principal, Jaredian Design Group ACCEPTANCE OF FEE PROPOSAL: Name - (Please Print) Title Signature Date 2 Fee Proposal for A•E Services for the Living Room of Utile St. Jomes, St. Thomas, U. S. Virgin Islands Joredlon Design Group January 29, 2014 EFTA00596321 STANDARD TERMS JAREDIAN DESIGN GROUP AND CONDITIONS The CLIENT and JAREDIAN DESIGN GROUP. LLC, (JOG) hereby agree as follows: 1. CONTRACT-The Contract is the Proposal. Agreement or Contract document that is signed and dated by JDG and the CLIENT and to which these Standard Terms and Conditions are appended by reference. This contract takes precedence over any standard conditions the client may have in place. 2. COMPENSATION FOR SERVICES AND PAYMENT TERMS - The CLIENT agrees to pay JDG in accordance with the payment terms in the Contract. a. FEE - The total fee, except stated lump sum, shall be understood to be an estimate, based upon Scope Of Services, and shall not be exceeded by more than ten (10) percent. without written approval of the CLIENT. Where the fee arrangement is to be on an hourly basis. the rates shall be those that prevail at the time services ore rendered. b. BILUNG/PAYMENTS Invoices will be submitted monthly or upon completion of a specified scope, whichever is shorter, for services and reimbursable expenses and are due when received. Invoices shat be considered PAST DUE if not paid within 30 days after the invoice date and JDG may, without waiving any claim right against CLIENT, and without liabily whatsoever to the CLIENT, terminate the performance of the service. Retainers shall be required for certain projects or under certain conditions and shall be credited on the final invoice. A late payment fee will be charged at 1.5% (or the legal rote) per month on the unpaid balance. In the event any portion of on account remains unpaid for 9O days after bang. the CLIENT shat pay cost of collection, including reasonable attorneys' fees and court costs. c. REIMBURSABLE EXPENSES - Reimbursable expenses are expensed incurred directly or Indirectly in connection with the project such as, but not limited to, transportation, meals, lodging for travel, long- distance telephone calls and facsimile transmissions, overnight deliveries, courier services, equipment rental, photographs and video supplies, testing laboratory services. permit and other license lees professional services, soles taxes. and the cost of reproductions beyond those normally required for coordination and information purposes. These expenses wit be bled at cost plus a service charge of fifteen (15) percent. 3. RIGHT-OF-ENTRY - The CLIENT agrees to furnish JDG with the right-of-entry on the project site or represents and warrants, if the site is not owned by the CLIENT, that permission has been granted to make site reconnaissance, surveys, borings, and other exploration pursuant to the Scope Of Services in the Contract. JDG will take reasonable precautions to minimize damage to the land from use of equipment. but has not included in the fee the cost for restoration of damage that may result from JDG's operations, uniess specifically stated in the Contract. 4. UNDERGROUND STRUCTURES - Unless otherwise agreed. the CUENT shall provide JDG with locations of buried utilities and other underground structures in areas of subsurface exploration. JDG will take reasonable precautions to avoid damage to the buried utilities and other underground structures noted. If locations are not known, are inaccurate, or cannot be confirmed by the CLIENT, then there will be a degree of rig to the CLIENT associated with conducting exploration. In the absence of confirmed underground structure locations, the CLIENT agrees to accept the risk of any damages and losses resulting from the exploration work. 5. DOCUMENTS - All reports, design drawings and specifications, field data and notes. laboratory test data, calculations, computer fileS, estimates, and other documents that JOG prepares as instruments of service shall remain JDG's properly. The CLIENT agrees that JDG's services are on behalf of and for the exclusive use of the client and that al reports and other documents furnished to the CLIENT or its agents shall be utited solely for this project. 6. HAZARDOUS MATERIALS - The Scope Of Services for this Contract does not include services relating to hazardous materials, as defined by federal, state and/or local laws or regulations. JDG is not insured for services related to the identification, containment or removal of asbestos or hozordous waste including pollutants, nor will we assume any liability for damages or costs related to these materials. If such materials ore discovered during JDG's services, the CLIENT agrees to negotiate appropriate revisions to the Scope Of Service, the budget estimate, and the terms and conditions of the Contract. When such hazardous materials ore suspected, JDG will have the option to stop services until a new agreement is reached. If a mutually satisfactory agreement cannot be reached between both parties. the Contract shall be terminated. The CLIENT agrees to pay JOG for all services rendered, including any costs associated with termination. The ownership of and responsibility for dl contaminated materials, hazardous materials, and hazardous substances generated, released, uncovered, transported, and/or collected during JDG's services for the Contractor work tasks referred to herein will not be with JDG. 7. CONSTRUCTION SERVICES-The CLIENT recognizes that retaining JDG to perform construction phase engineering services such as the review of shop drawings and product submittals, and full-time construction observation services, is a normal and integral part of engineering services for the project, and that retaining JDG for these services can provide for the CLIENT a greater degree of confidence that the completed work of the Contractor wit conform generally to the Contract Documents. that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Contractor, and to minimize problems during construction. The CLIENT also recognizes that no entity is as familiar with the Contract Documents and they intent as JOG. Therefore. the CLIENT is urged to retain JDG to provide construction phase engineering services. If JDG's construction observation services are included as part of the Scope Of Services in the Contract, JDG wit provide personnel to observe construction to ascertain that it is being performed, in general. in accordance with the plans and specifications. It is understood that. in accordance with generally accepted construction practices, the contractor and any 1 1OC/Businessixe/StanciardTermsAndConditionsjOG Copyright O 2014 laredian Design Croup, LLC EFTA00596322 STANDARD TERMS JAREDIAN DESIGN GROUP AND CONDITIONS subcontractors will be solely and completely responsible for all construction activities, working conditions on the job site. including safety of al persons and property during the performance of the work, compliance with OSHA regulations, and quality of the work. Any monitoring of the contractor's performance conducted by JDG personnel is not Intended to include review of the adequacy of the contractor's safety measures, in on, or near the construction site. It is further understood that field services provided by JDG personnel will not relieve the contractor and any subcontractors of responsibilities for performing the work in accordance with applicable laws and regulations and in accordance with the Contract Documents. Should the CLIENT not execute an agreement with JDG to provide construction phase engineering services. then the CUENT agrees to indemnify and hold JDG harmless against any claims. fitibthy and responsibility for construction problems or problems arising after construction is complete attributed to construction and the Contractor's performance, and failure of the contractor to follow the design Intent and construct the project In accordance with the Contract Documents. 8. STANDARD OF CARE - JDG's services wil be performed in accordance with generally accepted practices of professional engineers providing similar services at the same time, in the same locale, and under like circumstances. The CLIENT agrees that services provided will be rendered without any other warranty, expressed or implied. 9. INSURANCES - JDG maintains Worker's Compensation Insurance. JDG will furnish certification upon written request. The CUENT agrees that JDG wil not be Sable or responsible to the CUENT for any loss, damage, or liability beyond the amounts, limits, exclusions, and conditions of such insurance. 10. PROFESSIONAL UAW - The CUENT agree to limit Bobity and requie a like Imitation from Ony construction contractor or subcontractor who performs work for which JDG has provided reports, pions, and specification, in an amount of $50,000 or JDG's fee, whichever is smaller. 11. SUSPENSION Of SERVICES-This agreement may be terminated upon ten (10) days written notice by either potty should the other toll to perform his obligations hereunder. The CLIENT shall remain fully liable for and shall promptly pay JOG the full amount for of services rendered by JDG up to the date of suspension of services plus suspension charges. Suspension charges shall include the cost of putting documents and analyses in order, personnel and equipment rescheduling or reassignment adjustments. and all other related and charges directly attributable to suspension. If payment of invoices by the CUENT is not maintained on a thirty (30) day current basis. JDG may. by providing a ten (10) day written notice to the CLIENT, suspend further services until payments are restored to a current basis. In the event JDG engages counsel to enforce overdue payments, the CUENT shall reimburse JDG for all reasonable attorney's tees and court costs related to enforcement of overdue payments. The CUENT shall Indemnify and save harmless JDG from any claim or liability resulting from suspension of services due to client's non-current payments. 12, INDEMNIFICATION -The CLIENT shall defend, indemnify, and hold harmless JOG and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorneys fees) and consequential damages arising out of or resulting from the performance of the services, provided that any such claims. damages. losses or expenses ore caused in whole or in part by the negligent act or omission and/or strict rab3y of the CLIENT, anyone directly a indirectly employed by the CLIENT (except JOG) or anyone for whose acts any of them may be Roble. 13. OUTSIDE CONSULTANTS-On occasion. JOG engages the specialized services of individual consultants or other companies to participate in a project. When considered necessary, these firms or other consultants will be used. The cost of other consultants wil be billed at cost plus a 15% administration charge. 14. LITIGATION - It Is understood that unless expressly the services outlined in this Agreement do not include the cost of professional services provided for any legal action or suit. Fees for court preparation, depositions, pretrial conference and in court non-testimony time will be billed at two (2) times the normal biting rate. Fees for in-court rtaetsetimony wit be billed at three (3) times the normal billing 15. APPLICABLE LAW - Unless otherwise specified. this Agreement shall be governed by the laws of the principal place of business of JDG. 16. OPINION OF PROBABLE CONSTRUCTION COSTS- JOG's opinion of probable construction costs, If rendered as a service under this Agreement, is based on assumed labor costs and approximate quantities of material and equipment, and therefore Is of a conditional character. JOG cannot guarantee the cost of work to be performed by others since market or bidding conditions con change of any time and changes in the scope or quality of the Project may affect estimates. 17. VALIDITY - Should any one or more of the terms and conditions stated herein be deemed unenforceable or invalid. either In whole or in port, by judgment a court order, that shall not affect the remaining terms and conditions or pals thereof and they shall remain full force and effect. it SCHEDULE -If in this Agreement. specific periods of time for rendering services ore set forth or specific dotes by which services ore to be completed are provided, and If such periods of time or dates ore changed through no fault of JOG, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If CLIENT has requested changes in the scope, extent. or character of the Project, the time of performance of JDG's services shall be adjusted equitably. Joreeion Design Group. LLC. cannot be held responsible for delays in rendering services caused by issues beyond Joredion Design Group's control. 2 JDOBusinessDocs/StandardTermsAndConditioosjOG Copyright C 2014 laredian Design Group, 11.0 EFTA00596323