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HomeMy WebLinkAboutHouston, Michael Architect Fee Proposal for Cross Seminole Trail Restroom Building -1998 03 17 oDD II-II 909 Michael M. Houston, Architect 1412 Charta Ct. Orlando, FL 32804 (407) 292-5560 March 17, 1998 Brook C. Seall Parks and Recreation Director City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708-2799 RE: Fee Proposal for Cross Seminole Trail Restroom Building Dear Mr Seal!, Attached is a copy of the proposal I sent Chris Bowley (Sr. Environmental Engineer for Seminole County and Cross Seminole Trail Project Manager) to design a restroom building at the 434 Trail Head. I am sending you this proposal per Chris Bowley's request so that the City of Winter Springs can contract for the design and construction of the building. He has indicated that Seminole County will reimburse the City of Winter Springs for these architectural and engineering services as well as for the construction costs for the building. He said that he is drafting an inter-local agreement to fonnalize the money transfer. If you have any further questions or need any additional infonnation please give me a call. Sincerely, ~* Michael M. Houston Page 1 of 5 APR-21-1998 08:17 4072925560 90% P.02 oDD II-II 9DSl Michael M. Houst9n, Architect 1412 Charta Ct. Orlando, Fl.. 32804 (407) 292-5560 March 10, 1998 Chris Bowley Sf. Environmental Planner Seminole County 1101 East First Street Sanford, FL 32771-1468 RE: Fee Proposal for a Public Toilet Building at the Cross Seminole Trailhead Dear Mr Bowley, I am pleased to present the following fee proposal to design and produce a set of limited bid documents for a Public Toilet Building at the Cross Seminole Trailhead as we discussed this past Thursday. As I understand the program space requirements, the building will be connected to the existing shelter structure and consist of a smaIl covered entry and two unisex handicapped accessible restrooms. Each restroom will contain an accessible toile~ a urinal and an accessible sink. Security lighting in each restroom will be powered by photovoltaics. The work will be divided into two phases - the Design Phase and the Construction Documents Phase. The tasks anticipated to be completed during the Design Phase of the project include: · Field Measurement of existing Shelter Structure · Determine Space and Amenity Requirements · Detennine Construction Budget · Conceptual Site and Building Design (site plan, floor plans, elevations) · Design Development (building structural systems, exterior finishes, interior design and finishes, door/window types, lighting strategies, etc...) Upon approval of the Design, then I will proceed with the Construction Documents. The tasks anticipated to be completed during the Construction Documents Phase of the project include: · Site Plan · Floor Plan · 4 Elevations · Foundation Plan and Details · Roof Framing Plan · Typical WaIl Detail · Door, Window and Finish Schedules · Electrical Plan and Details · Limited Specifications and Bid Documents Page 2 of 5 APR-21-1998 08:18 4072925560 90% P.03 The tasks as outlined above will be billed on a Fixed Fee basis. The amount of the Fee is $5250. Any changes in the Design after the Design has been approved will be considered additional services and billed on an hourly basis as described below for Additional Services. In addition to the above costs, reimbursable expenses include (but are not limited to) the cost of reproducing all review and submittal documents, photography, postage, courier service, long distance phone calls, travel and overnight accommodations. All reimbursable expenses will be billed at 1.1 times actual cost except mileage (which will be billed at $0.30 per mile) and travel time (which will be billed at $25 per hour). Please note that these fees do not include any Contractor Bidding (other than preparing the Bid Documents), Permitting or Construction Services (review of product submittals by contractor, etc...). If you require any of these Additional Services, they will be billed at the hourly rates of $90/hr for Architect and $4O/hr for Drafter. I will submit invoices monthly for work completed to date. All costs will be shown on the invoices and are to be paid within thirty (30) days of the invoice date. As the work progresses, you may modify the task list shown above or request the work be stopped at any time. You will be obligated only to pay (as described above) for the work that has been performed to date. All drawings are copyrighted and will remain the property of the architect. The work can be completed in three weeks - plus any internal review time you or the Building Department may need. If this proposal is acceptable to you, please review the General Conditions that follow and sign in the space provided below and return a copy to me. If you need to execute a formal contract for professional services, I will prepare one. If you have any questions, please feel free to call me. I appreciate the opportunity to provide you with this proposal and I look forward to working with you on this project. Thank you for your consideration. Sincerely, ~* Michael M. Houston, Architect ACCEPTED: Page 3 of 5 RPR-21-1998 08:20 4072925560 90% P.04 Michael M. Houston Architect GENERAL CONDITIONS I. REUSE OF DOCUMENTS All documents including drawings and specifications furnished by Michael M. Houston, Architect pursuant to this agreement are instruments of its services in respect to this project. They are not intended or represented to be suitable for reuse on extensions of this project or on any other project. Any reuse without specific written verification or adaptation by Michael M. Houston, Architect shall be at the User's sole risk and without liability or legal exposure to Michael M. Houston, Architect. and the other party to this Agreement shall indemnify and hold harmless Michael M. Houston, Architect from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Michael M. Houston, Architect to further com pensation. 2. ESTIMATES Since Michael M. Houston, Architect has no control over the cost of labor, materials or equipment or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, estimates of project cost are made on the basis of experience and qualifications and represent the best judgment of design professionals familiar with the industry. but Michael M. Houston, Architect cannot and does not guarantee that proposals, bids or project costs will not vary from estimates of cost prepared by Michael M. Houston, Architect. 3. SUSPENSION OR ABANOONMENT If the project is suspended for more than three (3) months or abandoned in whole or part, Michael M. Houston, Architect shall be paid compensation for services performed prior to receipt of written notice of such suspension or abandonment, together with reimbursable expenses then due. 4. TERMINATION This agreement may be terminated by either party upon seven (7) days written notice should either party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than Michael M. Houston, Architect, Michael M. Houston, Architect shall be paid compensation for services performed to termination date, including reimbursable expenses then due. 5. SUCCESSORS AND ASSIGNS Each party to this agreement binds himself, his partners, successors, assigns and legal representatives to the other party, his partners, successors, assigns and legal representatives with respect to all covenants of this Agreement. Neither party shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. 6. PA YMENTS Payments due Michael M. Houston, Architect under this agreement shall be payable within thirty (30) days of the date of billing. If full payment is not received within sixty (60) days of the date of billing, the payment shall bear interest at the highest rate permitted by law but not exceeding eighteen percent (1 8%) per annum. Page 4 of 5 APR-21-1998 08:21 4072925560 90% P.05 7. DELINQUENT PAYMENTS (a) Delinquent Progress Payments It is understood and agreed that should any progress payment hereunder remain due and unpaid for a period of sixty (60) days after invoice, that all services on the part of Michael M. Houston, Architect will cease and will not resume until all amounts owing for services rendered have been paid in full. Cessation shall not constitute a breach of Michael M. Houston, Architect's duties underthis agreement, or an election of remedies, and Michael M. Houston, Architect shall be fully indemnified for any liability or damages thereby caused. (b) Actilln No account will be held by Michael M. Houston, Architect more than ninety (90) days after their invoice. At the end of ninety days all such accounts will be referred for appropriate legal action. (c) Mechanics Liens Unless specific arrangements for delayed payments have been made, by written agreement, all mechanics lien rights available to Michael M. Houston, Architect will be exercised within the time period allowed by law. 8. LIMITATION OF DAMAGES Owner agrees the liability of Michael M. Houston, Architect to the Owner whether pursuant to this contract or other claim such as fraud, negligence, implied contract, quantum merit, warranty, products liability, malpractice or otherwise may now or otherwise exist shall be limited in each case to the amount the Owner has actually paid Michael M. Houston, Architect for professional services. In this regard, Owner agrees that Michael M. Houston, Architect shall in no event be liable for consequential or incidental damages, attorney's fees, costs of suit, interest nor other expense, injury or damage and the parties agree this and the preceding paragraphs are material provisions of the contract which have significantly influenced the decision of Michael M. Houston, Architect to contract to perform the services and to perform the services at the rate or rates agreed to between parties. 9. ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 1 O. NOTICE OF LIMIT A TION OF AGENT'S AUTHORITY It is understood and acknowledged that no agent, officer, or principal of Michael M. Houston, Architect is authorized to vary the terms of this agreement in any particular, except by writing, expressly limiting the application of the terms of this Agreement. Page 5 of 5 RPR-21-1998 08:23 4072925560 90% P.06