EFTA00609970.pdf

a r ed i a n Design Group Architects, Engineers and Construction Managers 5333 RAA001 GADS SLUTS 14 St THOMAS, • `. •• 02-6900 • POST OHIO Box 6218 ST. THOMAS, U. S. WHICH ISLANDS 00504.6218 TILIPHONF: • FA ,. • -MAtt • Wi www.jaredian.com May 14, 2014 Jeffrey Epstein Little St. James Residence 6100 Red Hook Quarter, Suite B3 St. Thomas, U. S. Virgin Islands 00802 Via E-mail: RE: FEE PROPOSAL FOR ARCHITECTURAL-ENGINEERING SERVICES FOR THE LIBRARY AND STUDY EXPANSION, LITTLE ST. JAMES RESIDENCE, ST. THOMAS, U. S. VIRGIN ISLANDS Dear Jeffrey, As per your request, the Jaredian Design Group is pleased to provide a lump-sum proposal for the services briefly outlined in our correspondence earlier today regarding the expansion and renovation of the Library/Study portion of your primary residence on little St. James Cay, St. Thomas, U. S. Virgin Islands. As you know, the Jaredian Design Group initially provided a fee proposal on January 29, 2014 for TWELVE THOUSAND DOLLARS ($12,000.00) to extend the existing Library/Study by some fifteen feet. At the time, that design did not anticipate revisions to the existing restroom structure, but it did anticipate providing a new walkway path to the existing restroom. Our confirmation of existing conditions was primarily limited to the immediate around the existing Library/Study, not the rest of the main residence. The first set of Design Documents submitted was able to point out to you areas of concern, particularly how the restroom structure related to the rest of the house. This resulted in much more extensive design studies than originally anticipated by either party. We brought this to your attention in our correspondence of March 12, 2014. Our correspondence today anticipated proceeding along that path recommended in the March 12 correspondence, but we have been informed that you desire a lump-sum fee to proceed with our design work. As such, we propose the following fee structure: Measured Drawings $12,000.00 Preliminary Design Studies and Plans $10,500.00 Final Design/Construction Documents $ 8,500.00 CZM and Building Permit Processing $ 2,500.00 GRAND TOTAL $33,500.00 The fee for the design services outlined shall be based upon a lump-sum fee of THIRTY-THREE THOUSAND AND FIVE HUNDRED DOLLARS ($33,500.00). 1 I Fee Proposal for A-E Services fa the Library and Study, Little St. James Residence, St. Thomas Joredion Design Group May 14,2014 EFTA00609970 We can provide a lump-sum fee for the Construction Phase, if desired, but we recommend that that portion of the project be done on an "as-needed" basis as directed by you or the contractor for inspections. Your consideration f r firm is sincerely appreciated. Please contact me at your soonest by E-mail or telephone Very truly yours, JAREDIAN DESIGN GROUP Jon Woods, AIA, NCARB Pri I End.: JDG's Standard Terms and Conditions Cc: Cecile deJongh, Southern Trust Company, Inc. Daphne Wallace, Southern Trust Company, Inc. ACCEPTANCE OF FEE PROPOSAL Name - (Please Print) Title Signature Date 2 I Fee Proposal for A-E Services for the library and Study, Little St. James Residence, St. Thomas Jaredion Design Group May 14, 2014 EFTA00609971  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: CLIENT shall provide JDG with locations of burled utilities and other underground structures in areas of subsurface exploration. JDG will take reasonable precautions to ovoid 1. CONTRACT -The Contract is the Proposal, Agreement or damage to the buried utilities and other underground Contract document that is signed and doted 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 risk to the CLIENT 47in- toted with conducting precedence over any standard conditions the client may exploration. In the absence of confirmed underground hove in place. structure locations, the CUENT agrees to accept the risk of any damages and lanes resulting from the exploration work. 2. COMPENSATION FOR SERVICES AND PAYMENT TERMS -The CLIENT agrees to pay JDG in accordance with the payment S. 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 JDG prepares as instruments of service shall Services, and shall not be exceeded by more than remain JOG's property. The CLIENT agrees that JDG's ten (10) percent, without written approval of the services ore on behalf of and for the exclusive use of the CLIENT. Where the fee arrangement is to be on an client and that all reports and other documents furnished to hourly basis, the rates shall be those that prevail at the CLIENT or its agents shall be utilized solely for this project. the time services ore rendered. 6. HAZARDOUS MATERIALS - The Scope Of Services for this b. BILLING/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/air local laws or whichever is shorter, for services and reimbursable regulations. JOG is not insured for services related to the expenses and are due when received. Invoices shall identification, containment or removal of asbestos or be considered PAST DUE if not paid within 30 days hazardous waste including pollutants, nor wilt we assume after the invoice date and JOG may, without waiving any lobity for damages or costs related to these materials. any claim right against CLIENT, and without iablity If such materials ore discovered during JDG's services, the whatsoever to the CLIENT, terminate the CUENT 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 tote payment fee will be Charged at 1.5% (or the until a new agreement is reached. If a mutually satisfactory legal rate) per month on the unpaid balance. In the agreement cannot be reached between both ponies, the event any portion of an account remains unpaid for Contract shall be terminated. The CUENT agrees to pay 90 days after billing, the CLIENT shall pay cost of JDG for all services rendered, including any costs associated collection, including reasonable attorneys' fees and with termination. The ownership of and responsibility fa all 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 indrectly 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 CUENT 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 tense fees submittals, and full-time construction observation services, is professional services, saes 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 JOG fa these services can coordination and Information purposes. These provide for the CUENT a greater degree of confidence that expenses will be billed at cost plus a service charge the completed work of the Contractor will 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 CUENT 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 their intent as JDG. Therefore, the CUENT 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 ore included as to the land from use of equipment, but has not Included in pat of the Scope Of Services in the Contract, JDG will the fee the cost for restoration of damage that may result provide personnel to observe construction to ascertain that from JOG's operations, unless specifically stated in the it is being performed, In general, in accordance with the Contract. pions and specifications. It is understood that, in accordance with generally accepted construction practices, the contractor and any JDC/BusinessDoceStandardiermsAndConditionsJOG Copyright O 2014 jaredian Design Croup, LIC EFTA00609972  STANDARD TERMS JAREDIAN DESIGN GROUP AND CONDITIONS subcontractors vvIN be solely and completely responsible for 12. INDEMNIFICATION - The CLIENT shal defend, indemnify, all construction activities, working conditions on the job site, and hold harmless JDG and all of its personnel from and including safety of all persons and property during the against any and all cloims, 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 pad by the contractor's safety measures, in on. or near the construction negligent Oct or omission and/or strict liability 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 liable. personnel veil not relieve the contractor and ony subcontractors of responsibilities for performing the work in 13. OUTSIDE CONSULTANTS - On occasion, JDG 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 on agreement with JDG to cost of other consultants will be billed at cost plus a 15% provide construction phase engineering services, then the administration charge. CLIENT agrees to indemnify and hold JDG harmless against any claims, liability and responsibility for construction 14. LITIGATION - It is understood that unless expressly implied, 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 baled at the Contract Documents. two (2) times the normal 'piling rate. Fees for in-court testimony wll be baled at three (3) times the normal billing 8. STANDARD OF CARE - JDG's services will be performed in rate. accordance with generally accepted practices of professional engineers providing similar services at the same 15. APPUCABLE LAW - Unless otherwise specified, this time, in the same locale. and under like circumstances. The Agreement shell be governed by the laws of the principal CLIENT agrees that services provided ail be rendered piece of business of JDG. without any other warranty, expressed or implied. 16. OPINION OF PROBABLE CONSTRUCTION COSTS - JDG's 9. INSURANCES-JDG maintains Worker's Compensation opinion of probable construction costs, if rendered as a Insurance. JOG will furnish certification upon written service under this Agreement, is based on assumed labor request. The CUENT agrees that JDG will not be liable or costs and approximate quantities of material and responsible to the CLIENT for any loss, damage. a BobiSty 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 at any time and changes In the scope or godly of the Project 10. PROFESSIONAL LIABILITY - The CLIENT agree to limit liability may affect estimates. and require a like limitation from any construction contractor or subcontractor who performs work for which 17. VALIUM( - Should any one or more of the terms and JDG has provided reports, plans, and specification, In an conditions stated herein be deemed unenforceable or amount of $50,000 or JDG's fee, whichever is smeller. invalid, either in whole or in part, by judgment or court order, that shall not affect the remaining terms and 11. SUSPENSION OF SERVICES - This agreement may be conditions or ports thereof and they shall remain full face terminated upon ten (10) days written notice by either party and effect. should the other fall to perform his obligations hereunder. The CLIENT shall remain fully liable for and shall promptly pay 18. SCHEDULE -If in this Agreement, specific periods of lime for JDG the full amount for all services rendered by JDG up to rendering services ore set forth or specific dates by which the date of suspension of services plus suspension charges. services are to be completed are provided, and it 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 rotes 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. a character of suspension. the Project, the time of performance of JOG's services shall be adjusted equitably. If payment of invoices by the CLIENT 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 Jaredian 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 Jaredion the event JDG engages counsel to enforce overdue Design Group's control. payments, the CLIENT shall reimburse JDG for al reasonable attorney's fees and court costs related to enforcement of overdue payments. The CLIENT shall indemnity and save harmless JOG from any claim or liability resulting from suspension of services due to dent's noncurrent payments. 2 JDC4BusinessDoc/StandardTermsAndCooditionsjDG Copyright O 2014 Jaredian Design Group, 1.1C EFTA00609973