John L. Harvey Architecture + Design, Inc. 1213 US Highway 70 East |Hillsborough, North Carolina 27278 office 919.883.1966 cell 919.323.1473 www.harveyarchitecture.com master planning architecture + design architectural illustration
Proposal
for
Professional
Services
Date:
January 19, 2015
Client:
Kevin Otis
Project Name &
Location:
The Masonic Home for Children at Oxford
600 College Street
Oxford, North Carolina 27565-2758
Description of
Services:
Concept Design – Architectural Services
Kevin,
It was a pleasure meeting with you back in October and I appreciate the tour and overall vision you have
for the campus. After some thought and consultation with Eric Wolfe, I’ve put together a proposal that
outlines a process for determining the architectural needs of three key areas on the campus and includes the
preparation of a series of documents that will show the vision and architectural potential of these areas.
These documents could be used for fund raising and assist with the overall vision of the facility.
Project
Description
and
Program
Based upon a site visit and conversations between Client, Land planner and Architect, the basic assumptions
for this Project include improvements to the following three areas:
Feature Building -
Area dedicated for visitors and agriculture / aquaculture education
– This building site would
be located near the old dairy barn, and would serve as a visitor orientation hub and promote agriculture /
aquaculture education. Potential building spaces may include; visitor information & reception space, outdoor
patio / gathering space, café, retail and office space, restrooms and required back of house facilities, indoor &
outdoor space dedicated for education or classroom facilities (Full program to be determined).
The swimming pool / pool house – survey and evaluate the existing pool house and restrooms, provide
recommendations for improving the existing layout and adding an outdoor kitchen or service area for users
during outdoor activities. Other improvements may include a splash pad at pool to replace unused baby pool,
upgrading a portion the exiting chain link fence.
The print shop – survey and evaluate the existing print shop, provide recommendations for improving the
entrance and updating the appearance.
Services provided under this agreement are limited to conceptual design of Architecture only – any
other consultants (interior design/kitchen design/Civil/Landscape Architecture/MEP & Structural
engineering…etc.) will be hired directly by the owner or as an additional fee.
This proposal does not include complete design services or the preparation of construction documents.
Basic
Scope
of
Services
The expected phases and associated services which will be provided include the following:
Pre-Design / Visioning Process
– JLH A+D shall provide preliminary design services based upon the
program and description given by client for the work. The documents shall establish the conceptual design of
the project, illustrating general characteristics such as building footprint and position, massing, spatial
relationships and architectural style. The primary goal of this phase is to work towards Town approval and
define the design direction of the project. Specific services include the following:
1. Visit the site to inventory and become familiar with the areas selected for design
2. Gather information about the site - measure and photograph specific areas of the site
3. Produce base drawings that can be used for final documents
John L. Harvey Architecture + Design, Inc. 1213 US Highway 70 East |Hillsborough, North Carolina 27278 office 919.883.1966 cell 919.323.1473
www.harveyarchitecture.com
4. Interview key users and members of the staff, so as to get a sense of the physical needs of campus
5. Evaluate and document the key needs of the facility
6. Establish a program that can be used to quantify the building parts that will be used for the design
7. Provide precedent images from other similar projects
8. Create an architectural concept for each of the 3 areas
9. Produce conceptual images and building plans that can be used for visioning, fundraising, and
budgeting for future improvements
10. Communicate with Client during each step of the process so as to continually refine the goals,
objectives and vision of the project
Final Documents are still to be determined, but may include some or all of the following:
Photographs & sketches
A collection of precedent images to show design intent
Conceptual floor plan – for each area of to be designed
Building image – a 3d colored image illustrating the character of the proposed design, this image would
be a loose rendered image (not a photorealistic image)
Any other images or drawings that further explains the design concept
Fee
Proposal
The total fee for the design and production of concept design documents (Architecture) as outlined in the
Basic Scope of Services section above is for a not to exceed amount of:
Five Thousand Five Hundred ($5,500.00)
Project invoicing will occur on a monthly basis and will be based on a percentage of project completed.
The standard terms and conditions attached are part of this agreement.
Pre-Design/Site visit ..(20% of total fee)...
Concept Design..(70% of total fee)...
Final Revisions of Concept. (will require multiple submissions – 10% of fee)…
$1100.00
$3850.00
$550.00
Total for Architectural Services
$5500.00
Optional
&
Additional
Services
Additional Services are those not listed in “Basic Scope of Services”, and include, but are not limited to the
items listed below. Additional services will be provided only as requested upon by the client and will be
invoiced hourly on a time card basis, unless a specific fee/rate is noted below, or a lump sum fee is agreed
upon.
Schematic design services – including more developed floor plans, elevations, and site plans etc.
Attendance at meetings with the client or municipality that are in addition to any meetings described in
the scope of services.
Services required because of change in project size, quality, complexity, owner schedules, or method
of bidding or negotiating for construction work (including division of the project into multiple permit
sets).
Changes to the design concepts assumed for this proposal such as revising or providing additional
design options.
Services
not
included
These services are not included in this agreement, but may be available under a separate contract
Complete design services and construction documents
Civil Engineering including leading the site plan approval process
MEP & Structural Engineering
Fire sprinkler design and documentation
John L. Harvey Architecture + Design, Inc. 1213 US Highway 70 East |Hillsborough, North Carolina 27278 office 919.883.1966 cell 919.323.1473
www.harveyarchitecture.com
Required
Items
we
will
need
to
start
the
work
Reimbursable
Expenses
Reimbursable expenses are in addition to the Architect’s compensation and include expenses incurred by the
Architect in the interest of the Project for the following:
I will not charge to send PDF versions of the plans that are sent via email. In-house printing will be
billed at $3.50 per 24”x36” sheet, colored prints and commercial printing will be billed at 1.15 times the
amount billed to us with a $50 minimum charge per drawing set. We will not charge you for our internal
plots and copies done for our own use.
Postage and handling of documents.
Travel expenses.
Billing rates shall be adjusted annually according to the normal salary practices of the Architect.
Reimbursable Expenses and Consultants are currently billed to Client at 1.15 times the amount billed
to Architect by provider.
I will not bill for telephone expenses, faxes, or for the use of the computer system.
These items we will need from the client prior to beginning the work.
Signed agreement /notice to proceed
Owner design criteria, if any
Current Survey of property
Reports and findings of environmental and geotechnical studies
JLH Architecture + Design, Inc. shall provide the services described herein for the referenced Project for the
lump sum fee stated above. If JLH Architecture + Design, Inc. performs services outside scope described
herein pursuant to Client’s authorization, such Additional Services shall be invoiced to Client on an hourly
basis, unless other terms are established by mutual agreement. The attached standard terms and conditions
are part of this agreement.
I extend my thanks for your consideration of this proposed Agreement. Please call me if you have any
questions. If everything is in order, please sign below to indicate your acceptance of these terms and return one
copy to me at your earliest convenience. Many thanks for your interest.
Sincerely,
________________________________
John L. Harvey, NCARB, LEED AP
Principal Architect
1213 US Highway 70 East
Hillsborough, NC 27278
Cell (919) 323-1473
[email protected]
Client hereby accepts the terms and conditions of this Agreement and authorizes JLH Architecture + Design,
Inc. to proceed with the services listed above:
_________________________________
Date: ______________
Kevin Otis
John L. Harvey Architecture + Design, Inc. | Standard T+C v1.4
John L. Harvey Architecture + Design, Inc. 1213 US Highway 70 East | Hillsborough, North Carolina 27278
office 919.883.1966 cell 919.323.1473 www.harveyarchitecture.com
STANDARD TERMS AND CONDITIONS
The attached proposal submitted by John L. Harvey Architecture + Design, Inc. (“JLH A+D”), a North Carolina corporation, to the client named on the preceding page (“Client”) is subject to the following terms and conditions. By accepting any of the services offered in this proposal, the Client agrees to be bound by the following terms and conditions with respect to all work performed by JLH A+D or its sub-consultants:
1. Billing and Payment: Client will pay JLH A+D for all of its services based on invoices submitted to Client. Client recognizes that timely payment is a material part of this Agreement. Each invoice is due and payable upon receipt of the invoice. Client will pay an additional charge of one and one-half percent (18% annually) per month, calculated from invoice date, not to exceed the maximum rate allowed by law, for any amounts remaining unpaid more than forty-five (45) calendar days from the date of the invoice. Payment to JLH A+D is not contingent upon Client’s negotiations or any other business arrangements with any persons, entities, or institutions not specifically listed in this Agreement. Additionally, payment to JLH A+D is not contingent upon site plan approval, rezoning, obtaining building permits, construction financing, or any other financial arrangements whatsoever. If Client disputes any part of an invoice or any service covered by an invoice, Client will notify JLH A+D in writing of such dispute within thirty (30) calendar days of the date of such invoice. All undisputed amounts must be paid within terms. If any amounts remain unpaid more than sixty (60) calendar days after the invoice date, the account may be declared delinquent and work may be suspended. All costs of collecting delinquent amounts, including but not limited to reasonable collection and attorney fees, whether or not legal action has formally commenced, shall be invoiced to Client and shall be due and payable upon receipt of invoice.
2. Standard of Care: JLH A+D provides no expressed or implied warranties or guarantees of any kind. JLH A+D only agrees that it will perform the Services in accordance with the standard of care and diligence normally practiced by design firms performing services of a similar nature in the same locale. In the event services rendered by JLH A+D fail to meet the normal and customary standard of care expected; the sole and exclusive remedy of the Client shall be to require JLH A+D to re-perform the defective services to the extent necessary to correct the defects therein without additional charge. 3. Limitation of Liability: Client agrees that JLH A+D’s liability for any claims that may be asserted by Client not to exceed the fees paid JLH A+D. Client and JLH A+D hereby waive any right to pursue a claim for consequential damages, including any claims for lost profits against one another.
4. Notification of Breach or Delay: Client shall provide prompt written notice to JLH A+D if Client becomes aware of any fault, defect or delay in JLH A+D’s work or the work of any sub-consultant of JLH A+D, including any error, omission or inconsistency in such work or any alleged breach of contract by JLH A+D. The failure of Client to provide such written notice within ten (10) business days from the time Client became aware of, or should have become aware of, the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by Client of any and all claims against JLH A+D arising out of such fault, defect, delay, error, omission, inconsistency or breach. 5. Instruments of Service: Drawings, specifications and other documents, including those in electronic form, prepared by JLH A+D and JLH A+D’s Consultants are Instruments of Service for use solely with respect to this Project. JLH A+D and JLH A+D’s Consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. JLH A+D retains all intellectual property rights to designs and concepts developed by JLH A+D during the course of the Project.
6. Third-Party Rights: This agreement is solely for the benefit of the parties hereto and nothing herein, express or implied, is intended to confer any right or remedy on any person other than Client and JLH A+D.
7. Opinion of Cost: JLH A+D cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable cost prepared by it. If at any time Client wishes greater
assurances as to the amount of any cost, Client shall employ an independent cost estimator to make such determination.
8. Safety: JLH A+D shall not be responsible for Site safety and shall have no right or obligation to direct or stop the work of Client’s contractors, agents, or employees. JLH A+D and JLH A+D’s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold in any form, polychlorinated biphenyl (PCB) or other toxic substances.
9. Force Majeure: JLH A+D shall not be responsible for any delays, damages, costs, expenses, liabilities or other problems that may arise as a result of a force majeure. A “force majeure” is defined as any event arising from causes beyond the reasonable control of JLH A+D, including but not limited to fire, flood, unusual inclement weather, acts of God, civil strikes or labor disputes, riots, acts or failures of government.
10. Indemnity: Client shall, to the fullest extent permitted by law, indemnify, defend and hold harmless JLH A+D from and against any and all claims, liabilities, losses, damages, costs or expenses, including, without limitation, reasonable attorneys fees, awards, fines, damages or judgments arising out of or relating to, any or all of the following: (a) any inaccurate, insufficient or incomplete information provided to JLH A+D by Client; (b) any events, problems or circumstances arising out of or related to Client’s negligence or breach of this Agreement; (c) any and all claims or liabilities resulting from Client’s (or Client’s contractors, agents, employees or
representatives) violation of federal, state or local statutes, regulation ordinances; and (d) all claims and liabilities resulting from or related to Site conditions or hazardous substances or constituents introduced at the Site by any person or entity other than JLH A+D. 11. Termination: Either party may terminate this Agreement without cause upon five (5) days advance written notice. If Client terminates without cause or if JLH A+D terminates for cause, Client will pay JLH A+D costs incurred, non-cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and sub-contractors, and all demobilization costs. If JLH A+D terminates without cause, JLH A+D will be promptly paid for all services performed and reimbursable expenses incurred prior to the date of termination.
12. Dispute Avoidance & Resolution: Client and JLH A+D agree that all disputes between them arising out of or relating to this Agreement or Project shall be submitted to mediation unless parties mutually agree otherwise. Any agreement reached in meditation shall be enforceable as a settlement agreement. In the event the parties to the Agreement are unable to reach a settlement of any dispute through mediation, then such disputes shall be settled by legal proceedings held in a court of competent jurisdiction sitting in Orange County, North Carolina.
13. Severability: If any of the provisions contained in this agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The Court shall instead reform or replace any void or unenforceable provision with a valid and enforceable provision that gives meaning to the intention of the provision or shall strike the provision from the agreement. 14. Survival: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and JLH A+D shall survive the completion of the services and the termination of this Agreement.
15. Applicable Law. This agreement shall be construed and enforced in accordance with the laws of the State of North Carolina, excluding only its conflict of laws principles.
John L. Harvey Architecture + Design, Inc. | Standard T+C v1.4
John L. Harvey Architecture + Design, Inc. 1213 US Highway 70 East | Hillsborough, North Carolina 27278
office 919.883.1966 cell 919.323.1473 www.harveyarchitecture.com
