EFTA00596320.pdf

J aredian Design Group Architects, Engineers and Construction Managers JDG 5333 RMDUS GAM, SUITE 14. 5,. THOwS, U. S. VIRGO. SILANOS 00602.6900 • POST Of /ICI Box 6216, ST. TOOSO.S, U. S. VA TflIPHONS: (340) 777.1600 • FAX: (340) 777.1601 • E.,•A9: jciglivipowernel.net • WISSITF: ISOMOS 4.6216 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 4. UNDERGROUND STRUCTURES - Unless otherwise agreed. the agree as follows: 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 1. CONTRACT -The Contract is the Proposal. Agreement or damage to the buried utilities and other underground Contract document that is signed and dated by JDG and structures noted. If locations are not known, are inaccurate, the CLIENT and to which these Standard Terms and or cannot be confirmed by the CLIENT, then there will be a Conditions are appended by reference. This contract takes degree of rig to the CLIENT associated with conducting precedence over any standard conditions the client may exploration. In the absence of confirmed underground have in place. structure locations, the CLIENT agrees to accept the risk of any damages and losses resulting from the exploration work. 2. COMPENSATION FOR SERVICES AND PAYMENT TERMS - The CLIENT agrees to pay JDG in accordance with the payment 5. DOCUMENTS - All reports, design drawings and terms in the Contract. specifications, field data and notes. laboratory test data, a. FEE - The total fee, except stated lump sum, shall be calculations, computer fileS, estimates, and other understood to be an estimate, based upon Scope Of documents that JOG prepares as instruments of service shall Services, and shall not be exceeded by more than remain JDG's properly. The CLIENT agrees that JDG's ten (10) percent. without written approval of the services are on behalf of and for the exclusive use of the CLIENT. Where the fee arrangement is to be on an client and that al reports and other documents furnished to hourly basis. the rates shall be those that prevail at the CLIENT or its agents shall be utited solely for this project. the time services ore rendered. 6. HAZARDOUS MATERIALS - The Scope Of Services for this b. BILUNG/PAYMENTS Invoices will be submitted Contract does not include services relating to hazardous monthly or upon completion of a specified scope, materials, as defined by federal, state and/or local laws or whichever is shorter, for services and reimbursable regulations. JDG is not insured for services related to the expenses and are due when received. Invoices shat identification, containment or removal of asbestos or be considered PAST DUE if not paid within 30 days hozordous waste including pollutants, nor will we assume after the invoice date and JDG may, without waiving any liability for damages or costs related to these materials. any claim right against CLIENT, and without liabily If such materials ore discovered during JDG's services, the whatsoever to the CLIENT, terminate the CLIENT agrees to negotiate appropriate revisions to the performance of the service. Retainers shall be Scope Of Service, the budget estimate, and the terms and required for certain projects or under certain conditions of the Contract. When such hazardous materials conditions and shall be credited on the final invoice. ore suspected, JDG will have the option to stop services A late payment fee will be charged at 1.5% (or the until a new agreement is reached. If a mutually satisfactory legal rote) per month on the unpaid balance. In the agreement cannot be reached between both parties. the event any portion of on account remains unpaid for Contract shall be terminated. The CLIENT agrees to pay 9O days after bang. the CLIENT shat pay cost of JOG for all services rendered, including any costs associated collection, including reasonable attorneys' fees and with termination. The ownership of and responsibility for dl court costs. contaminated materials, hazardous materials, and hazardous substances generated, released, uncovered, c. REIMBURSABLE EXPENSES - Reimbursable expenses transported, and/or collected during JDG's services for the are expensed incurred directly or Indirectly in Contractor work tasks referred to herein will not be with connection with the project such as, but not limited JDG. to, transportation, meals, lodging for travel, long- distance telephone calls and facsimile transmissions, 7. CONSTRUCTION SERVICES -The CLIENT recognizes that overnight deliveries, courier services, equipment retaining JDG to perform construction phase engineering rental, photographs and video supplies, testing services such as the review of shop drawings and product laboratory services. permit and other license lees submittals, and full-time construction observation services, is professional services, soles taxes. and the cost of a normal and integral part of engineering services for the reproductions beyond those normally required for project, and that retaining JDG for these services can coordination and information purposes. These provide for the CLIENT a greater degree of confidence that expenses wit be bled at cost plus a service charge the completed work of the Contractor wit conform of fifteen (15) percent. generally to the Contract Documents. that the integrity of the design concept as reflected in the Contract Documents 3. RIGHT-OF-ENTRY - The CLIENT agrees to furnish JDG with the has been implemented and preserved by the Contractor, right-of-entry on the project site or represents and warrants, and to minimize problems during construction. The CLIENT if the site is not owned by the CLIENT, that permission has also recognizes that no entity is as familiar with the Contract been granted to make site reconnaissance, surveys, Documents and they intent as JOG. Therefore. the CLIENT is borings, and other exploration pursuant to the Scope Of urged to retain JDG to provide construction phase Services in the Contract. engineering services. JDG will take reasonable precautions to minimize damage If JDG's construction observation services are included as to the land from use of equipment. but has not included in part of the Scope Of Services in the Contract, JDG wit the fee the cost for restoration of damage that may result provide personnel to observe construction to ascertain that from JDG's operations, uniess specifically stated in the it is being performed, in general. in accordance with the Contract. 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 12, INDEMNIFICATION -The CLIENT shall defend, indemnify, all construction activities, working conditions on the job site. and hold harmless JOG and all of its personnel from and including safety of al persons and property during the against any and all claims, damages, losses and expenses performance of the work, compliance with OSHA (including reasonable attorneys fees) and consequential regulations, and quality of the work. Any monitoring of the damages arising out of or resulting from the performance of contractor's performance conducted by JDG personnel is the services, provided that any such claims. damages. not Intended to include review of the adequacy of the losses or expenses ore caused in whole or in part by the contractor's safety measures, in on, or near the construction negligent act or omission and/or strict rab3y of the CLIENT, site. anyone directly a indirectly employed by the CLIENT (except JOG) or anyone for whose acts any of them may It is further understood that field services provided by JDG be Roble. personnel will not relieve the contractor and any subcontractors of responsibilities for performing the work in 13. OUTSIDE CONSULTANTS -On occasion. JOG engages the accordance with applicable laws and regulations and in specialized services of individual consultants or other accordance with the Contract Documents. companies to participate in a project. When considered necessary, these firms or other consultants will be used. The Should the CLIENT not execute an agreement with JDG to cost of other consultants wil be billed at cost plus a 15% provide construction phase engineering services. then the administration charge. CUENT agrees to indemnify and hold JDG harmless against any claims. fitibthy and responsibility for construction 14. LITIGATION - It Is understood that unless expressly problems or problems arising after construction is complete the services outlined in this Agreement do not include the attributed to construction and the Contractor's cost of professional services provided for any legal action or performance, and failure of the contractor to follow the suit. Fees for court preparation, depositions, pretrial design Intent and construct the project In accordance with conference and in court non-testimony time will be billed at the Contract Documents. two (2) times the normal biting rate. Fees for in-court rta timony wit be billed at three (3) times the normal billing este 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 15. APPLICABLE LAW - Unless otherwise specified. this time, in the same locale, and under like circumstances. The Agreement shall be governed by the laws of the principal CLIENT agrees that services provided will be rendered place of business of JDG. without any other warranty, expressed or implied. 16. OPINION OF PROBABLE CONSTRUCTION COSTS- JOG's 9. INSURANCES - JDG maintains Worker's Compensation opinion of probable construction costs, If rendered as a Insurance. JDG will furnish certification upon written service under this Agreement, is based on assumed labor request. The CUENT agrees that JDG wil not be Sable or costs and approximate quantities of material and responsible to the CUENT for any loss, damage, or liability equipment, and therefore Is of a conditional character. beyond the amounts, limits, exclusions, and conditions of JOG cannot guarantee the cost of work to be performed by such insurance. others since market or bidding conditions con change of any time and changes in the scope or quality of the Project 10. PROFESSIONAL UAW - The CUENT agree to limit Bobity may affect estimates. and requie a like Imitation from Ony construction contractor or subcontractor who performs work for which 17. VALIDITY - Should any one or more of the terms and JDG has provided reports, pions, and specification, in an conditions stated herein be deemed unenforceable or amount of $50,000 or JDG's fee, whichever is smaller. invalid. either In whole or in port, by judgment a court order, that shall not affect the remaining terms and 11. SUSPENSION Of SERVICES -This agreement may be conditions or pals thereof and they shall remain full force terminated upon ten (10) days written notice by either potty and effect. should the other toll to perform his obligations hereunder. The CLIENT shall remain fully liable for and shall promptly pay it SCHEDULE -If in this Agreement. specific periods of time for JOG the full amount for of services rendered by JDG up to rendering services ore set forth or specific dotes by which the date of suspension of services plus suspension charges. services ore to be completed are provided, and If such Suspension charges shall include the cost of putting periods of time or dates ore changed through no fault of documents and analyses in order, personnel and JOG, the rates and amounts of compensation provided for equipment rescheduling or reassignment adjustments. and herein shall be subject to equitable adjustment. If CLIENT all other related and charges directly attributable to has requested changes in the scope, extent. or character of suspension. the Project, the time of performance of JDG's services shall be adjusted equitably. 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 Joreeion Design Group. LLC. cannot be held responsible for services until payments are restored to a current basis. In delays in rendering services caused by issues beyond Joredion the event JDG engages counsel to enforce overdue Design Group's control. 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. 2 JDOBusinessDocs/StandardTermsAndConditioosjOG Copyright C 2014 laredian Design Group, 11.0 EFTA00596323