EFTA01221112.pdf

Jaredian Design Group Architects, Engineers and Construction Managers JDG 5333 /UAW* Gant %nal 14 c, Thentis LI c Vorim la runt MIRAT,64110 • Pm, than Ras AT IR Sr LAMAS, U. S. Vttom i$141401 00804.6218 7 lontl • Wissiri: www.laredian.com June 11, 2012 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 A FUEL FARM ON ST. THOMAS, U. S. VIRGIN ISLANDS Dear Mrs. deJongh, The Jaredian Design Group is pleased to provide you with a proposal to perform architectural-engineering services in relation to the construction of a Fuel Farm at the Cyril E. King Airport, St. Thomas, U. S. Virgin Islands for Mr. Jeffrey Epstein. Our understanding of the requirements of the project is you already have a consultant that will be preparing the Design Documents for permitting and construction. The Jaredian Design Group's role is to provide local consulting on an hourly basis to include review of design documents for consistency, assisting with the permitting agencies, and construction phase inspections. We recommend a budget of Five Thousand Dollars ($5,000.00) to be billed upon time spent. We have attached a standard rate sheet for the Jaredian Design Group with this proposal. We welcome this opportunity to provide you with our proposal. Your consideration of our firm is sincerely appreciated. Should you have any questions, please feel free to call on me at Jaredian 777-1600. Very truly yours, JAREDIAN DESIGN GROUP John oods, AIA, ARB Princi End.: JDG's Rate Sheet, Standard Terms and Conditions Cc: LeRoy V. Smith, Jr., PE, Principal, Jaredian Design Group ACCEPTANCE OF FEE PROPOSAL: Name - (Please Print) Date Title Signature EFTA01221112  Jaredian Design Group JDG 5113 RAMItif C004, Suit N. Si. Architects, Engineers and Construction Managers U. S. Vous,. lo.wm 00802.6900 • Pm, 000.0m MIR. Si. T,.onm U. S. V ions: 13401 777.1600 • rye O401 777.1601 • I -•••0: idgerIpowernetnel • Mimi JAREDIAN DESIGN GROUP 2012 Hourly Rate Sheet: DISCIPLINE CONTRACT RATE ($/HR) Principal/Management $225.00 Architect $150.00 Electrical Engineer $135.00 Mechanical Engineer $135.00 Civil Engineer $135.00 Structural Engineer $135.00 Cost Estimator $ I 00.00 Specification Writer $100.00 Architectural Designer $100.00 CADD Technician $75.00 Project Management and $80.00 Construction Inspection Surveyor $65.00 Admin Asst. $70.00 Court / Public Appearances $250.00 1 12012 Hourly Rate Sheetflaredian Design Group/June 2012 EFTA01221113  STANDARD TERMS JAREDIAN DESIGN GROUP AND CONDITIONS The CUENT and JAREDIAN DESIGN GROUP, LLC, (JDG) hereby 4. UNDERGROUND STRUCTURES - Unless otherwise agreed. the agree os follows: CLIENT shall provide JDG with locations of buried utilties and other underground structures in areas of subsurface exploration. JDG wit take reasonable precautions to avoid 1. CONTRACT- The Contract is the Proposal, Agreement or damage lo the buried unities and other underground Contract document that is signed and dated by JDG and structures noted. If locations ore not known, ore inaccurate, the CLIENT and to which these Standard Terms and or cannot be confrmed by the CLIENT. then there wit be o Conditions ore appended by reference. This contract lakes degree of risk to the CLIENT associated with conducting precedence over any standard conditions the client may exploration. In the absence of confirmed underground hove in place. structure locations, the CLIENT agrees to accept the risk of any damages and losses resulting from the explorolion work. 2. COMPENSATION FOR SERVICES AND PAYMENT TERMS -The CLIENT agrees to pay JDG in accordance with the payment 5. DOCUMENTS- MI reports, design drawings and terms in the Contracl. specifications, field data and notes. laboratory test data, a. FEE - The total fee, except slated lump sum. shot be calculations, computer files, estimates. and other understood to be on estimate, based upon Scope Of documents that JDG prepares os instruments of service shot Services. and shall not be exceeded by more than remain JDG's property. The CLIENT agrees that JOG's ten (to) 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 on client and that at reports and other documents furnished to hourly basis, the rates shall be those that prevail al 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. BILUNG/PAYMENTS - Invoices will be submitted Contract does not include services relating to hazardous monthly or upon completion of a specified scope. materials, os defined by federal, state and/or local lows or whichever is shorter, for services and reimbursable regulations. JOG is not insured for services related to the expenses and ore due when received. Invoices shall identification, containment or removal of asbestos or be considered PAST DUE if not paid within Xi days hazardous waste including pollutants. nor will we assume after the invoice dote and JDG may. without waiving any Bobiity for damages or costs related to these materials. any claim right against CLIENT, and without Nobility If such materials ore discovered during JOG's services. the whatsoever to the CLIENT, terminate the CLIENT agrees to negotiate appropriate revisions to the performance of the service. Retainers shot 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. are suspected, JDG will hove the option to stop services A tole payment fee will be charged of 1.5% (or the until o new agreement is reached- If a mutually satisfactory legal rate) 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 term:sated. The CLIENT agrees to pay 90 days otter billing, the CLIENT shall pay cost of JOG for oil services rendered, including ony costs mint-kited collection, including reasonable attorneys' fees and with termination. The ownership of and responsibility for all court costs. contaminated materials, hazardous materiols, 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 wi not be with connection with the project such as. but not limited JOG. to, transportation, meals, lodging for travel, long- cfislance 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 suppies, testing services such as the review of shop drawings and product laboratory services, permit and other license lees submittals. and full-lime construction observation services. is professional services, soles taxes, and the cost of a normal and integral port of engneedng services for the reproductions beyond those normally required for project, and that retaining JDG for these services con coordination and information purposes. These provide for the CLIENT a greater degree of confidence that expenses will be billed of cost plus o service charge the completed work of the Contractor MI conform of fifteen (15) percent. generally to the Contract Documents, that the integrity of the design concept os 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 warronts, 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 os tornip with the Contract been granted to make site reconnoissance, 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. JOG 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 wil the fee the cost for restoration of damage that may result provide personnel to observe construction to ascertain that from JDG's operations. unless specifically slated in the it is being performed. in general, in accordance with the Contract. plans and specifications. II is understood that, in accordance with generally accepted construction practices, the contractor and any 1I3C/EsusinessDocr/StandardTermsAndConditions_JOG Copyright 02012 Jaredian Design Group, LLC EFTA01221114  STANDARD TERMS 1ARED1AN DESIGN GROUP AND CONDITIONS subcontractors will be solely and completely responsible fa 12. INDEMNIFICATION - The CLIENT shall defend, indemnify, all construction activities. working conditions on the job site. and hold lum'ess JOG and all of its personnel from and including solely of all persons and properly during the against any and all claims, damages. losses and expenses performance of the work, compliance with OSHA (including reasonable attorneys fees) and consequontial regulations, and quality of the wait 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 are caused in whole or in port by the contractor's safety measures, in on. or near the construction negligent act or omission and/or strict liability of the CLIENT, site. anyone drectly or indirectly employed by the CLIENT (except JOG) or anyone for whose acts any of them may It is further understood thol field services provided by JDG be liable. personnel will not relieve the contractor and any subcontractors of responsibilles for performing the work in 13. OUTSIDE CONSULTANTS -On occasion. JDG engages the accordance with applicable laws and regulations and in speciotized services of individual consultants or other accordance with the Contract Documents. componies to participate in a project. When considered necessary. these firms or other consultants wil be used. The Should the CLIENT nol execute an agreement with JOG to cost of other consultants wil be billed al cost plus a IS% provide construction phase engineering services, then the administration charge. CLIENT agrees to indemnify and hold JOG harmless against any claims. Iiobilily and responsibility for construction 14. LITIGATION - II 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 performonce, 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 lime will be billed at the Contract Documents. two (2) limes the normal billing role. Fees fa in-court testimony will be bled at three (3) limes the normal billing 8. STANDARD OF CARE - JDG's services will be performed in role. accordance with generally accepted practices of professional engineers providing similar services at the some 15. APPLICABLE LAW - Unless otherwise specified, this time, in the same locale, and under like circumstances. The Agreement shall be governed by the lows 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- JDG's 9. INSURANCES - JDG maintains Worker's Compensation opinion of probable construction costs. if rendered os a Insurance. JDG will furnish certification upon written service under this Agreement, is based on assumed labor request. The CLIENT agrees that JDG wit not be liable or costs and approximate quantities of material and responsible to the CLIENT for any loss, damage. or liabilily equipment, and therefore is of a conditiond character. beyond the amounts, limits. exclusions. and conditions of JDG cannot guarantee the cost of work to be performed by such insurance. others since market or bidding conditions con change of any lime and changes in the scope or quality of the Project 10. PROFESSIONAL LIABILITY - The CLIENT agree to limit lability may affect estimates. and require a fike limitation from any construction contractor or subcontractor who performs work for which 17. VALIDITY -Should any one or more of Inc terms and JOG hos provided reports. plans. and specification. in an conditions stated herein be deemed unenforceable or amount of $50.000 or JDG's lee, whichever is smaller. invalid. either in whole a in port, by judgment or court ceder, that shall not affect the remoining terms and II. SUSPENSION OF SERVICES - this agreement may be conditions or purls thereof and they shall remain full force 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 fa and shall promptly pay 18. SCHEDULE- If in this Agreement, specific periods of time for JDG the lull amount for all services rendered by JOG up to rendering services are set forth or specific dates by which the dole of suspension of services plus suspension charges. services ore to be completed ore 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 JDG. 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 of tributoble to has requested changes in the scope, extent, or choracter of suspension. the Project, the lime of performance of JOG's services shall be adjusted equitably. If payment of invokes by the CLIENT is nol maintained on a thirty (30) day current basis. JDG may, by providing a ten 110) day written notice to the CLIENT. suspend further services until payments are restored too current basis. In Jaedian Design Group. LLC, cannot be held responsible for the event JDG engages counsel to enforce overdue delays in rendering services caused by issues beyond Joredion payments, the CLIENT shah reimburse JDG for all reasonable Design Group's control. attorney's fees and court costs related to enforcement of overdue payments. The CLIENT shot indemnify and save harmless JDG from any claim or liability resulting from suspension of services due to client's non-current payments. 2 IDG(Rininessfloo/SlandonITermsAiniConifitionsji/G Copyright b 2012 !oration Design Group I.LC EFTA01221115