HomeMy Public PortalAboutPRR 14-1265TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 28, 2014
Martin E. O'Boyle [records @commerce - group.com]
Re: GS #1263 (Insurance Certificates), #1264 (contracts, rates), #1265 (contracts - Brannon
& Urban), #1266 (copy of calendar), #1267 (copy of all job agreements)
Insurance certificates for Brannon & Gillespie as well as for Urban Kilday Design.
Contracts, rates, retainers, billings, payments from Richman & Greer Law Office.
Copies of contracts for Brannon & Gillespie as well as for Urban Kilday Design
Wanted to take a picture of Bill Thrasher's desk calendar.
Copies of all other job agreements with Urban Kilday Design mimes the most recent one.
Dear Martin E. O'Boyle [records @commerce- group.com],
Thank you for your public records requests that were made verbally on August 27, 2014. This is
just confirmation of receipt and production of the above requests as we understood them.
GS #1263 —Gave copies of both certificates.
GS #1264 — Informed you that we have no such records.
GS #1265 — Gave you a copy of Brannon's contract and a copy of the most recent Urban Kilday
job agreement at a charge of $2.40 for copies.
GS #1266 — Informed you that Mr. Thrasher does not have a desk calendar, thus, no such record.
GS #1267 — Copies are available now to be picked up at a cost of $8.25 for the copies.
Unless we hear back from you, we consider these matters closed.
Sincerely,
Town Clerk
Custodian of the Records
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AGREEMENT
THIS AGREEMENT made this V* day ofAlLw J, 2011, by and between the
Town of Gulf Stream, Florida, a political subdivision of the State of Florida, hereinafter
the "Owner" with an office located at 100 Sea Road, Gulf Stream, Florida 33483, and
Brannon & Gillespie, LLC, a Florida corporation, hereinafter "Contractor" with its
principal address at 12798 W. Forest Hill Blvd, Suite 102, Wellington, Florida, 33414.
WITNESSETH:
WHEREAS, the Town of Jupiter Inlet Colony, Florida ( "JIC ") accepted
Contractor's proposal for Project Management and Engineering Support Services
pursuant to JIC's RFP No. 2010 -01 for Project Management and Engineering Support
Services, by Agreement, dated April 12, 2010, pursuant to a competitive public bidding
process by JIC; and
WHEREAS, the JIC Agreement included formal contract documents binding
upon the successful bidder, the "JIC Contract Documents'; and
WHEREAS, the Owner desires to obtain Project Management and Engineering
Support Services; and
WHEREAS, as the Project Management and Engineering Support Services
involved in the JIC Contract Documents are substantially the same as the Project
Management and Engineering Support Services desired by Owner, Owner elects to utilize
the competitively bid contract process administered by JIC in the JIC Bid, and Owner and
Contractor wish to adopt the JIC Contract Documents, with certain minor modifications
as further described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
I. RECITALS
The foregoing recitals are true and are hereby made a part of this Agreement.
II. AMENDMENTS
The IRC Bid and the IRC Contract Documents are incorporated into this
Agreement and are deemed to be a part of this Agreement as modified as follows:
1. General. Where provisions of the JIC Bid and the JIC Contract
Documents refer to "Town of Jupiter Inlet Colony" as the
owner /contracting party, replace it with "Town of Gulf Stream ". Where
provisions of the JIC Agreement refer to "Agreement" or "Contract ", it
Project Management & Engineering Support Services — March 2011 Page 1 of 3
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AGREEMENT
THIS AGREEMENT made this V* day ofAlLw J, 2011, by and between the
Town of Gulf Stream, Florida, a political subdivision of the State of Florida, hereinafter
the "Owner" with an office located at 100 Sea Road, Gulf Stream, Florida 33483, and
Brannon & Gillespie, LLC, a Florida corporation, hereinafter "Contractor" with its
principal address at 12798 W. Forest Hill Blvd, Suite 102, Wellington, Florida, 33414.
WITNESSETH:
WHEREAS, the Town of Jupiter Inlet Colony, Florida ( "JIC ") accepted
Contractor's proposal for Project Management and Engineering Support Services
pursuant to JIC's RFP No. 2010 -01 for Project Management and Engineering Support
Services, by Agreement, dated April 12, 2010, pursuant to a competitive public bidding
process by JIC; and
WHEREAS, the JIC Agreement included formal contract documents binding
upon the successful bidder, the "JIC Contract Documents'; and
WHEREAS, the Owner desires to obtain Project Management and Engineering
Support Services; and
WHEREAS, as the Project Management and Engineering Support Services
involved in the JIC Contract Documents are substantially the same as the Project
Management and Engineering Support Services desired by Owner, Owner elects to utilize
the competitively bid contract process administered by JIC in the JIC Bid, and Owner and
Contractor wish to adopt the JIC Contract Documents, with certain minor modifications
as further described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
I. RECITALS
The foregoing recitals are true and are hereby made a part of this Agreement.
II. AMENDMENTS
The IRC Bid and the IRC Contract Documents are incorporated into this
Agreement and are deemed to be a part of this Agreement as modified as follows:
1. General. Where provisions of the JIC Bid and the JIC Contract
Documents refer to "Town of Jupiter Inlet Colony" as the
owner /contracting party, replace it with "Town of Gulf Stream ". Where
provisions of the JIC Agreement refer to "Agreement" or "Contract ", it
Project Management & Engineering Support Services — March 2011 Page 1 of 3
shall refer to the JIC Agreement as modified by this Agreement. Where
the provisions of the JIC Contract Documents refer to the JIC Contract
Coordinator "Joann Manganiello", it shall refer to "William H. Thrasher ".
2. Term. The term of this Agreement shall be through September 30, 2012.
The Agreement may be renewed for two (2) additional one -year periods,
upon mutual agreement of both parties.
3. Unit Prices. The unit prices set forth in the JIC Contract Documents shall
be applicable during the term of this Agreement.
4. Invoices. Applications for payments under the Agreement shall be
sumbitted to the following:
William H. Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, Florida 33483
5. No Other Amendments. Except as set forth herein, the Agreement is not
amended. In the event of any conflict between the terms of this
Agreement and the terms of the JIC Contract Documents, the terms of this
Agreement shall prevail.
III. NUSCELLANEOUS
6. Notice. All notices and other communications required in connection with
this Agreement shall be in writing unless otherwise specified herein, and
any notice or other communication required hereunder shall be mailed to
the address set forth below, and shall be deemed delivered three (3)
business days after the deposit of the mailed notice thereof in any main or
branch office of the United States Post Office, certified or registered mail,
return receipt requested, postage prepaid, properly addressed to the parties
respectively as follows:
For notices and communications to the Town:
William H. Thrasher, Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
For notices and communications to the Contractor:
Danny P. Brannon
Brannon & Gillespie, LLC
12798 W. Forest Hill Blvd. Suite 102
Wellington, Florida 33414
Project Management & Engineering Support Services — March 2011 Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have set their hands and caused this
Agreement to be duly executed this nth day of r i 1 2011.
FOR TOWN: FOR CONTRACTOR:
William H. Thrasher, Town Manager Danny P. Brannon
TOWN OF GULF STREAM BRANNON & GILLESPIE, LLC
100 Sea Road 12798 West Forest Hill Blvd
Gulf Stream, FL 33483 Wellington, FL 33414
TOWN
ATTEST:
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(TOWN SEAL)
ENDORSED AS TO FORD
AND SUFFICIENCY:
TOWN OF GULF STREAM
'VIMPE F. Coch, Jr. \
Mayor
BRANNON & GILLESPIE, LLC
ames S. Gillespie
General Partner
CONTRACTOR
ey
BRANNON & GILLESPIE, LLC
anny P. Br n
General Partfer
Project Management & Engineering S�ipport Services — March 2011 Page 3 of 3
AGREEMENT
Between
TOWN OF JUPITER INLET COLONY
and
BRANNON & GILLESPIE, LLC
for
Overhead Utility Undergrounding
Project Management and Engineering Consulting Services
This is an Agreement between the TOWN OF JUPITER INLET COLONY, a
municipal corporation of the State of Florida (hereinafter the "TOWN "), through its Town
Council;
AND
Brannon & Gillespie, LLC, its successors and assigns, (hereinafter the
"CONTRACTOR "). This agreement is effective as of April 12, 2010.
W I T N E S S E T H, in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, TOWN and CONTRACTOR,
agree as follows:
ARTICLE I
SCOPE OF SERVICES
Brannon & Gillespie, LLC agree to provide project management and engineering support
services to support the Town's comprehensive Utility Undergrounding Project which will
include the conversion of all existing overhead electric power, cable television,
internet/broadband, telecommunications, and similar or related facilities to underground
facilities within the Town Limits of Jupiter Inlet Colony. The facilities to be converted
include those of Florida Power & Light Company, AT &T, and Comcast. Brannon &
Gillespie, LLC understand that the Town has prepared maps of all existing utilities facilities
in the Town, and is in the process of securing a "Binding Cost Estimate" from FPL for the
electric utility undergrounding component of the Project, such that references herein to
preparation or generation of maps, survey data, conceptual plans, and design plans
should be inclusive of the use of this work by others, which has already been completed.
However, should opportunities be identified to improve or modify such plans to the benefit
of the town, Brannon & Gillespie will support such actions. All support provided under this
agreement will be as approved by the Contract Coordinator. Generally, it is understood
that the following services may be required and shall be provided as needed:
Provision of information and technical consulting services to the Town, and to
Project Management & Engineering Support Services Page] of 8
citizens and groups of citizens regarding the overall Utility Undergrounding Project and
specific facilities installations affecting individual properties.
2. Serving as the Town's community liaison representative to resolve issues between
residents and the utility companies, and also between residents and the Town, and to
provide communications regarding the Project to the Town's residents as necessary.
3. Coordinating the acquisition of any additional site and survey data necessary to
create conceptual designs, cost estimates, and detail data as necessary to generate final
construction designs suitable for permitting and construction.
4. Developing and reviewing conceptual plans and detailed design plans for the
undergrounding of overhead utilities facilities within the Town, including, but not limited to,
facility designs, easement requirements, project schedules, and cost estimates.
5. Participating in direct negotiations with FPL, Comcast, and AT &T, and, to the extent
applicable, with other utility providers, with respect to facility design and layout, facility
configuration, equipment location, equipment selection, costs, work to be performed by or
through each respective utility company, work to be performed by or through the Town
and Town - employed contractors, and schedules.
6. Facilitating the creation, acquisition, and recording of required easements.
7. Coordinating services for the acquisition of contract construction resources for work
that is to be done as part of the Town's responsibility for construction and installation of
the new underground facilities pursuant to the Project. This service includes not only
coordinating the acquisition of contract construction resources, but also advising the Town
and participating in direct negotiations, on behalf of the Town, with contractors and
subcontractors that may be engaged to perform work that is the Town's responsibility
under the Town's agreements with FPL, Comcast, AT &T, and any other utility providers in
connection with the Project.
8. Participating in materials procurement activities, including advising the Town, the
utility providers, and all contractors and subcontractors as to materials availability,
suitability, and decisions; supporting bidding processes, negotiations, and procurement for
materials to the extent necessary, particularly with respect to the procurement of materials
for work to be performed by or through the Town, its contractors, and their subcontractors;
and maintaining satisfactory documents relative to the materials procurement activities.
9. Supervising, monitoring, coordinating, and facilitating all construction activities to
ensure compliance with contract requirements, to promote the timely and efficient
completion of all work to the extent reasonably practicable, and to minimize adverse
impacts on the community during the Project construction work.
10. Maintaining satisfactory documents relative to the work performed by the Town's
contractors and their subcontractors.
11. Serving as the "Town's Representative" for all technical and engineering - related
purposes relative to the contracts between the Town and FPL, AT &T, Comcast, and, as
necessary, other utility providers, and also relative to the contracts between the Town and
its contractors.
12. Tracking and reporting to the Town the progress of all Project activities, including
those that are the responsibility of the utility providers as well as those that are the
responsibility of the Town's contractors and their subcontractors, relative to construction
progress, conformance of work completed or in progress to design plans and relevant
standards for the particular work involved, compliance with contracts, and compliance with
Project Management & Engineering Support Services Page 2 of 8
schedules established for various work components of the Project.
13. Reviewing completed work and associated contractor invoices and advising the
Town as to completed work and the suitability of contractor invoices.
14. Maintaining project records, as necessary, in accordance with established
professional standards for engineers and in accordance with other established standards
or requirements as may be specified by the Town.
15. Coordinating site restoration activities, including identification of requirements,
acquisition of contractor services, and verification of completed work as necessary.
16. Providing other services necessary to the execution of the Project as may be
required and approved by the Town.
ARTICLE II
TERM
Unless otherwise approved in writing by the TOWN's Contract Coordinator, the term of
this Agreement shall be for two (2) years beginning at11:55PM on the effective date as
shown herein.
ARTICLE III
COMPENSATION AND METHOD OF PAYMENT
The sole compensation to be paid to the CONTRACTOR by the TOWN for the services
rendered hereunder shall be in accordance with the provisions of this agreement. All work
shall be issued by the TOWN's Contract Coordinator and shall be approved by the
TOWN's Contract Coordinator in advance of CONTRACTOR starting such work. The
TOWN may terminate any or all work any time they desire. CONTRACTOR will
immediately terminate work when instructed to do so.
Payments shall be made by the TOWN upon receipt of a proper invoice from the
CONTRACTOR based on completed services. CONTRACTOR shall be paid within 30
days of receipt of a proper invoice. Each invoice shall designate the nature of work
performed and be accompanied by records fully detailing the amounts stated on the
invoice and the date services were delivered. Payment for project services shall be based
on actual amounts incurred monthly in accordance with the rate schedule provided herein
and shall be paid on the same schedule as routine services. All project services shall be
on a time and materials basis in accordance with the rate schedule provided herein.
Time & Material Services will be provided in accordance with the following fee schedule:
Principal Consultant (PE)
Automobile Travel --
Utility Coordinator - - --
24x36 Prints - - - --
Draftsman ------ - - - - --
$185 /hr
(Current IRS Rate)
$165 /hr
$2 /Sheet
$75 /hr
Project Management & Engineering Support Services Page 3 of 8
FEDEX -------------------- - - - - -- Actual Costs +15%
Clerical/Accounting - - - -- — $45 /hr
Other (Pre- Approved by TOWN) - -- Actual Costs +15%
Monthly Billing under this contract shall not exceed $15,000 per month without written
approval in advance by the TOWN's Contract Coordinator. Total Billing under this contract
shall not exceed 7.5% of total project costs without written approval in advance from the
TOWN's Contract Coordinator.
ARTICLE IV
CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall provide competent labor as required to perform these
services. CONTRACTOR shall respond to correct any deficiencies in performance of
the services as identified by the TOWN Contract Coordinator.
ARTICLE V
MODIFICATION OF CONTRACT TERMS
The terms of this contract may be modified by mutual consent to increase or
decrease the scope of work, adjust prices in subsequent contract periods, or for such
other purposes as shall become necessary during the conduct of the contract period.
Such amendments shall be accomplished in writing as an addendum to the Contract.
ARTICLE VI
MISCELLANEOUS
TERMINATION
This Agreement may be terminated by either party for cause, or by TOWN for
convenience, upon five (5) days written notice from the terminating party to other
party. In the event of such termination, CONTRACTOR shall be paid its compensation for
services performed to termination date. In the event that CONTRACTOR abandons this
Agreement or causes it to be terminated by TOWN, CONTRACTOR shall indemnify
TOWN against any loss resulting from such termination by abandonment. For purposes of
this Agreement, termination by TOWN for cause includes, but is not limited to, the
following:
1. CONTRACTOR'S failure to keep, perform and observe the provisions of this
Agreement; or CONTRACTOR'S abandonment of the work.
2. Any material misrepresentation, written or oral, made by the CONTRACTOR to the
TOWN;
3. Failure by the CONTRACTOR to timely perform and /or observe any or all
Project Management & Engineering Support Services Page 4 of 8
of the covenants, rules, regulations, guidelines or terms and conditions of
this Agreement; and /or
4. Insolvency, bankruptcy, and /or suggestion of bankruptcy on the part of the
CONTRACTOR.
CONTRACTOR recognizes and agrees that in the event of the termination or expiration of
this Agreement, it will be necessary to assist the TOWN and /or a selected successor to
CONTRACTOR with an orderly transition of work. CONTRACTOR shall be paid in
accordance with Article III for all services rendered through the date of termination.
EQUAL OPPORTUNITY EMPLOYMENT
CONTRACTOR agrees that it will not discriminate against any employee or
applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin, disability and will take affirmative steps to
ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin or
disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeships.
ASSIGNMENT
This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by CONTRACTOR, under any circumstances, without the
prior written consent of TOWN.
INDEMNIFICATION OF TOWN
1. CONTRACTOR shall at all times hereafter, indemnify, hold harmless, and
defend TOWN, its agents, and employees from and against any claim,
demand, or cause of action of any kind or nature arising out of error,
omission or negligent act of CONTRACTOR, its agents, or employees in
the performance of services under this Agreement.
2. CONTRACTOR further agrees, at all times hereafter, to indemnify, hold harmless
and defend TOWN, its agents, employees and subcontractors utilized by CONTRACTOR
pursuant to this Agreement from and against any claim, demand or cause of action of any
kind or nature arising out of any conduct or misconduct of CONTRACTOR resulting from
the performance of services under this Agreement for which TOWN, its agents, or
employees are alleged to be liable.
3. CONTRACTOR acknowledges and agrees that TOWN would not enter into this
Agreement without this indemnification of TOWN by CONTRACTOR, and that TOWN'S
entering into this Agreement shall constitute good and sufficient consideration for this
indemnification. These provisions shall survive the expiration or earlier termination of this
Project Management & Engineering Support Services Page 5 of 8
Agreement. Nothing in this Agreement shall be construed to affect in any way the
TOWN'S rights, privileges, and immunities as set forth in Florida Statutes 768.28.
INSURANCE
CONTRACTOR shall provide, pay for, and maintain in force at all times during the
services to be performed, such insurance as required below, including Workers'
Compensation Insurance, Employer's Liability Insurance and Comprehensive General
Liability Insurance. Such policy or policies shall be issued by approved companies
authorized to do business in the State of Florida, and having agents upon whom service of
process may be made in the State of Florida. CONTRACTOR shall specifically protect
TOWN by naming the TOWN as an additional insured under the Comprehensive General
Liability Insurance Policy hereinafter described.
1. Worker's Compensation Insurance to apply for all employees in compliance with
the Workers Compensation Law of the State of Florida and all applicable federal laws,
Notice of Cancellation and /or Restriction: CONTRACTOR must provide TOWN with thirty
(30) days notice of cancellation, change in coverage, and /or restriction.
2. Comprehensive General Liability Insurance with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office. The TOWN is to be named as
additional insured with CONTRACTOR to liability arising out of operations performed for
TOWN, by or on behalf of CONTRACTOR, or acts or omissions of CONTRACTOR in
connection with such operation.
3. Business Automobile Liability Insurance with minimum limits of Five Hundred
Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include
Owned vehicles as well as hired and non -owned vehicles.
4. CONTRACTOR shall provide to TOWN, prior to the effective date of this
Agreement, a Certificate of Insurance or a copy of all insurance policies required herein.
The TOWN reserves the right to require a certified copy of such policies upon request.
PERFORMANCE OF WORK BY CONTRACTOR /SUBCONTRACTORS
1. It is expressly agreed that CONTRACTOR is and shall be in the performance of all
work, services and activities under this Agreement, an independent contractor and not an
employee, agent, or servant of the TOWN. All persons engaged in any work, service or
activity performed pursuant to this Agreement shall at all times and in all places be subject
to CONTRACTOR'S sole direction, supervision and control. CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform and work, and
Management & Engineering Support Services Page 6 of 8
in all manner in which it and its employees perform the work, and in all CONTRACTOR'S
relationship and the relationship of its employees to the TOWN, shall be that of an
independent contractor and not as employees or agents of the TOWN.
2. In the event CONTRACTOR, during the term of this Agreement, requires the
services of any subcontractors or other professional associates, in connection with
services covered under this Agreement, CONTRACTOR must secure the prior written
approval of TOWN'S Contract Coordinator. Permission to utilize the services of William
Peery (Utility Coordinator) and Bill Swann (Draftsman) as subcontractors is hereby
granted subject to the applicable terms and conditions herein. Any subcontractor
authorized to perform under this Agreement shall be required to possess the same
insurance coverage as enumerated herein.
LAWS AND REGULATIONS
It is further understood by the parties that CONTRACTOR will, in carrying out the duties
and responsibilities under this Agreement, abide by all federal, state and local laws.
CONTRACT COORDINATOR
The TOWN'S Contractor Coordinator during the performance of services pursuant to this
Agreement shall be Joann Manganiello, Town Administrator. In the event that the Town
approves a change in roles, CONTRACTOR shall be notified in writing prior to the
effective date of such a change.
NO CONTINGENT FEE
CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for CONTRACTOR, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for
CONTRACTOR, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
GOVERNING LAW AND VENUE
This agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Agreement will be held in Palm Beach
County, and the Agreement will be interpreted according to the laws of Florida.
No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power, or remedy hereunder shall preclude any other of further
exercise thereof.
ATTORNEY'S FEES
In any action brought by either party for the enforcement of the obligations of the
other party, the prevailing party shall be entitled to recover reasonable attorney's
fees and costs.
Project Management & Engineering Support Services Page 7 of 8
AUTHORITY TO ENGAGE IN BUSINESS
CONTRACTOR hereby represents and warrants that it has and will continue to
maintain all licenses and approvals required to conduct its business, and that it
will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the TOWN'S representative
upon request.
NOTICES
Whenever either party desires to give notice unto the other, such notice must be
in writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR TOWN: FOR CONTRACTOR:
Joann Manganiello, Town Administrator DANNY BRANNON
TOWN OF JUPITER INLET COLONY BRANNON & GILLESPIE, LLC
1 Colony Road 12798 West Forest Hill Blvd
Jupiter Inlet Colony, FL 33469 Wellington, FL 33414
IN WITNESS WHEREOF, the parties hereto have set their hands this nth day of
4loe I L , 2010.
ATTEST: TOWN �R INLET COLONY
�.-
Joann Manganiellqj hn M.
Town Administrator Mavor
AS TO FORM
AND SUFFICIENCY:
William Doney, Town Attorney
CONTRACTOR
ION & L,�ESPIE, LLC BRANNON 8 WILLESPIE, LLC
S. dilresp4e Danny Phi Brannon
I Partner Genera( Partner
Project Management & Engineering Support Services Page 8 of 8
November 17, 2010
Mr. William Thrasher
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483 -7427
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urban
design
ki Ida
Urban Planning and Design
Landscape Architecture
Communication Graphics
Re: ANNEXATION PLANNING SERVICES FOR TOWN OF GULF STREAM
UDKS REF. #94- 012.021 (PL /MG /MTG /LUP /GA)
Dear Mr. Thrasher:
As requested, This proposal is submitted by URBAN DESIGN KILDAY STUDIOS
(UDKS), (hereinafter also referred to as the "Consultant ") to TOWN OF GULF
STREAM, FLORIDA (hereinafter referred to as the "Town ") for professional services the
Consultant will provide to assist the Town with the preparation of an Annexation Study
and other required materials with regard to an annexation referendum for properties
along the Town's northern boundary.
Specifically, the Consultant will create an annexation study as required by Chapter
171.042 of Florida Statutes. This study will research and identify how the proposed
annexation area will receive urban services. The report requires the mapping of existing
water trunk lines and sewer interceptors and outfalls within the proposed annexation
area. The report will also need to identify the future police, fire and paramedic service
providers within the area and indicate that these providers have sufficient capacity to
serve the proposed annexation area. The report will require meetings with Palm Beach
County, adjacent municipalities and other service providers in the area. The Consultant
will also assist the Town in the creation of the annexation Ordinance, annexation
referendum ballot language and advertisements and mailed notices. This proposal also
includes processing the required amendments to the Comprehensive Plan to address
the addition of the proposed annexation area to the Town.
Our services will include the following:
PART I ANNEXATION STUDY
#94- 012.021 (PL)
■ Research and analyze all parcels within the identified annexation area. This
analysis will contain the following information:
• Identify current municipal service providers
• Identify proposed municipal service providers
• Identify existing and future land use and zoning
designations 477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.udkstudios.com
LCC000035
Mr. William Thrasher
Gulf Stream Annexation Services
November 17, 2010
Page 2
• Coordination with Palm Beach County planning staff on annexation issues and
concerns.
• Coordination with Town officials in creation of annexation ordinance.
• Coordination with Town officials with regard to the mailed notice to property owners
within the annexation area. Preparation of the attached mailers is not included in
this scope. Should you wish our office to prepare the mailings, we can do so on an
hourly basis if authorized.
• Coordination with Town officials with regard to required advertisements for
annexation ordinance and annexation referendum.
• Conduct one (1) site visit to annexation area.
• Coordination with staff of local municipalities regarding annexation issues. Actual
meetings with other jurisdictions' staff are included in Part III of this proposal.
• Prepare annexation report for use by the Town in its submittal to the Board of
County Commissioners.
PART II MAPS AND GRAPHICS
#94- 012.021 (MG)
• Create map, or series of maps, of annexation area with the following information:
parcel acreages, roadway systems, future land use designations, zoning
designation, utility locations and other required information.
• Prepare Powerpoint presentation for meetings with residents of the annexation area
and other public meetings, if necessary.
• Prepare handouts for meetings with residents of the annexation area, if necessary.
PART III PUBLIC MEETINGS
#94- 012.021 (MTG)
• Prepare for and attend, as directed by the Town, public meetings with residents of
the annexation area.
• Prepare for and attend, as directed by the Town, meetings with public officials and
staff from the Town and other governmental agencies.
PART IV COMPREHENSIVE PLAN AMENDMENT
#94- 012.021 (LUP)
• Coordination with staff on preparation of annexation -based amendments;
• Attend up to three (3) public meetings for consideration and adoption of annexation -
based amendments;
• Coordination with DCA on review of annexation -based amendments;
• Revised amendment, as needed, based on Town Commission, Town Staff and DCA
comments.
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Mr. William Thrasher November 17, 2010
Gulf Stream Annexation Services Page 3
PART V. ADDITIONAL SERVICES
#94- 012.021 (GA)
Additional Services required as a result of substantial changes in the established
project program, constraints or other major changes in the project concept, or as
requested by the Client or the Town will require proper authorization by the Client and
will be billed at the hourly rates referenced herein, or may be negotiated on a fixed fee
basis.
Additional Services not included within this proposal consist of, but are not limited to,
the following:
• Attendance at more than the number of public meetings referenced above;
• Preparation and /or mailing of notices for the public meetings;
• Preparation of additional plans other than referenced above;
• Preparation of recommendations for Land Development Code amendments or
updates;
• Additional site visits other than referenced above;
• Document revisions resulting from changes in other consultants' work.
• Services of any consultant not listed in this proposal.
FEES:
PART I ANNEXATION STUDY
UDKS REF. #94- 012.021 (PL)
FIXED FEE ........................... ............................... $10,000.00
PART II MAPS AND GRAPHICS
UDKS REF. #94- 012.021 (MG)
FIXED FEE ............................. ............................... $5,000.00
PART III PUBLIC MEETINGS
UDKS REF. #94- 012.021 (MTG)
HOURLY NOT TO EXCEED
without additional authorization .. ......................$5,000.00
PART IV COMPREHENSIVE PLAN AMENDMENTS
UDKS REF. #94- 012.021 (LUP)
FIXED FEE ............................. ......................$8,200.00
PART V ADDITIONAL SERVICES
UDKS REF #94- 012.021 (GA)
HOURLY OPEN (client authorization required prior to services being rendered)
We strive to provide our clients the most effective, time - efficient services which can
accomplish all the tasks contained in the Scope of Services. The client billing will
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Mr. William Thrasher November 17, 2010
Gulf Stream Annexation Services Page 4
provide specifically how much time is spent on a particular task. We maintain detailed
time sheets which we can make available to the client for their review.
Hourly Open, Hourly Estimate, and Hourly Not To Exceed fees shall be billed on an
hourly basis in accordance with the hourly rates referenced on the attached "Terms"
sheet.
Other Direct Costs (a /k /a reimbursable expenses) are in addition to professional
service fees and shall include, but are not limited to: reproduction, travel, lodging,
courier, telephone charges, and client requested renderings and models. All vendor
reimbursable expenses shall be billed on a monthly basis and charged at 15% above
direct cost.
Errors and Omissions: Modifications to plans and application materials required as a result of errors anc
omissions by the surveyor, engineer or any other consultant, or changes requested by the Client
governmental aqencies, will also be considered additional services. unless otherwise stated.
Additionally, Consultant may suspend the performance of its services if Client fails to
pay Consultant in full for services rendered or expenses incurred. Consultant shall have
no liability because of such suspension of services or termination due to Client's
nonpayment.
Thank you for the opportunity to submit this proposal. The terms of this agreement are
attached hereto and are a part hereof. Receipt of this signed proposal shall be our
authorization to proceed.
Sincerely,
URBAN E IGN KILDAY STUDIOS
e uma
Managing Principal
Attachment: "Terms"
APPROVED AND ACCEPTED THIS (I DAY OF /Vc7Uer heK 2010.
By: Wr� •cz�h .. �
Print Name - Authori
afi G
Signature
Agent
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urban
design
TERMS kiIday
STUDIOS
— Fixed Fees shall be billed on a monthly percentage of professional services completed basis.
— Fees related to Hourly services shall be billed monthly at the rates specified herein.
— The Consultant shall not exceed the estimated budget without farther authorization.
— Payment• of fees do not in any way depend upon development approval by any governmental agency or any other reviewing body.
— All balances shall be due upon receipt. Invoices shall be considered pest due thirty (30) days from date of billing.
— The Client shall be responsible for a twelve percent (12 %) carrying charge an all past due accounts.
— Fees and hourly rates are subject to renegotiation if scope of services is not completed within six (6) months due to delays . beyond the
Consultant's control.
— The Consultant shall not be responsible for any application fees or permit fees if required.
— The Consultant shall not be responsible for any professional services or fees other than those specifically referenced in this agreement.
— The terms of this agreement may be null and void if not accepted in thirty (30) days. -
- Owner hereby grants to UDKS the right to lien the real property of Owner as to which the professional services of UDKS under this
Agreement apply, to the extent of all sums, costs and fees due UDKS hereunder. Such lien shall be filed, governed and foreclosed in the
same manner as liens authorized under Chapter 713.03 (2), Florida Statutes.
— Services and costs under this contract may be subject to a Florida sales tax. If required, such a tax will be added to the fees quoted herein
Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.
UDKS retains the right to post a marketing/information sign on the subject property.
ADDITIONAL SERVICES:
— Additional Services required as a result of substantial changes in the established project program, constraints or other major changes in the
project concept, or as requested by the Client or Governing Body will require proper authorization by the client and will be billed at the
hourly rates referenced herein, or may be negotiated on a fixed fee basis.
HOURLY RATES:
— Expert Witness testimony and deposition time will be billed at higher hourly rates.
— Hourly rates are subject to change upon thirty (30) day written notification.
MANAGING PARTNER/PRINCIPALS: S125.300/hr. DIRECTORS: 5110- 200/hr.
LANDSCAPE ARCHITECTS: 585- 125/hr. PLANNERS: 565- 125/hr.
DESIGNER S65- 1001hr. TECHNICAL SUPPORT: 545- 65/hr.
EXPENSES:
— Reimbursable expenses are in addition to professional service fees and shall include, but are not limited to: reproduction, travel, lodging,
courier, telephone charges, and client requested renderings/models. All vendor reimbursable expenses shall be billed on a monthly basis and
charged at 15% above direct cost,
USE AND OWNERSHIP OF DOCUMENTS:
— Upon the parties signing this Agreement, Consultant grants Client a nonexclusive license to use UDKS documents as described in this
Agreement, provided Client performs in accordance with the terms of this Agreement No other license is implied or granted under this
Agreement. All instruments of professional service prepared by Consultant, including, but not limited to, drawings and specifications,
graphic/logo design, and renderings are the property of UDKS. These documents shall not be reused by Client on other projects without
Consultant's written permission: UDKS retains all rights, including copyrights, in its documents. Client or others cannot use UDKS
documents to complete this Project with others unless Consultant is found to have materially breached this Agreement.
INDEMNIFICATION:
— If this project involves construction as that term is generally understood, and the Consultant does not provide services during the
construction, including, permittinglconstmetion observation, site visits, shop drawing review, design clarifications, etc., the Client agrees to
indemnify, defend and hold Consultant harmless from and against any and all claims, suits, demands, losses, costs and expenses, and
liabilities arising out of, or resulting from, acts or omissions in the performance of said architectural services during construction by the
Client, and those agents, employees, or subcontractors other than the Consultant, and project certification.
TERMINATION:
— It is further understood that, in case the Client fails to make any payments when due, in full, within thirty (30) days of the receipt of
notification as to the amounts then due, the Consultant may elect not to perform any further services pursuant to this agreement and all
payments already made shall be retained as liquidated damages and the Consultant may elect to terminate the Contract. Consultant shall
have no liability because of such suspension of services or termination due to Client's nonpayment.
ATTORNEY'S FEES:
— In connection with any litigation, including appellate proceedings arising out of this agreement, the Consultant shall be entitled to recover
from the Client any amounts due and/or unpaid, together with costs, interest and reasonable attorney's fees.
CONFLICT:
— Any changes to this contract shall be in writing and executed by all parties, In the event that there is disagreement between the parties
regarding any of the term of this agreement, said disagreement shall be submitted to arbitration pursuant to the rules and regulations of the
American Arbitration Association. In no event shall any demand for mediation be made after such claim or dispute would be barred by
applicable law. The decision of the American Arbitration Association shall be binding on the parties. Mediation fees shall be shared equally.
G:\Olice Folders \Contracts \Terms - UDKS FEB 2009 a.dac - February2009