HomeMy Public PortalAboutUDKS # 94-012.015, 94-012.15 (EAR. LUP, GA)additional services
TO: WILLIAM THRASHER, TOWN MANAGER
FROM: MARTY MINOR
DATE: MARCH 31, 2009
PROJECT NAME: TOWN OF GULFSTREAM EAR
k I da
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
UDKS PROJECT M 94-012.015 UDKS LABOR CODE: LUP/MG
DESCRIPTION OF SERVICES:
PART 1: PREPARATION OF EAR -BASED
COMPREHENSIVE PLAN AMENDMENT (LUP)
■ Address and work with Treasure Coast Regional Planning Council to address its comments.
■ Research and respond to comments regarding the preservation of Australian Pines within the Town.
■ Coordinate with City of Delray Beach for creation of EAR -based Water Supply Plan
■ Additional research and analysis as the result of Department of Community Affairs' comments
■ Create updated Support Documents to the Comprehensive Plan
PART II: PRESENTATION GRAPHICS (MG)
■ Research and update Comprehensive Plan maps to address DCA comments.
FEES
PART I. PREPARATION OF EAR -BASED
COMPREHENSIVE PLAN AMENDMENT (LUP)
Change Order Fee Amount:.......................................................$8,500.00
Current Fee Amount.............................................................. $15,000.00
Total Revised Fee (with Change Order)..................................$23,500.00
/HOURLY NOT TO EXCEED
PART II. PRESENTATION GRAPHICS (MG)
Change Order Fee Amount. $4,000.00
Current Fee Amount: .............................................................. $8,000.00
Total Revised Fee (with Change Order)..................................$12,000.00
MOU+RLY NOT TO EXCEED
APPROVED and ACCEPTED THIS .Z 3 DAY OF �e, V . 2009.
Print Name:W1(l1,e.& u. 1 gelko.—
Title I r ka V_ .
1
• Authorization is required prior to services
• Original Terms apply
G:Vobs\Gulf Stream Town onContracts\Add Ser LUP-MG.030609.doc
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
LCC35
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July 8, 2005
Mr. William Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
ENTTI AUG 3 0 2005
Re- TOWN OF GULF STREAM EVALUATION &
APPRAISAL REPORT (EAR)
UDS REF.994-012.15 (EAR, LUP, GA)
Dear Mr. Thrasher:
Urban Design
Urban Planning
Land Planning
Landscape Architecture
This proposal is submitted by URBAN DESIGN STUDIO (UDS), hereinafter referred to as the
"Consultant" to the TOWN OF GULF STREAM, hereinafter referred to as the "Client".
This proposal is for professional services rendered by the Consultant as an agent for the Client. The
Consultant shall facilitate the exchange of information to the Town of Gulf Stream as necessary for
coordination of the work. The scope of services will include preparation and research for all public
meetings, documents, maps, reports, activities and services required to prepare an Evaluation &
Appraisal Report for the Town.
Our services under this agreement will be as follows:
PART I. EVALUATION & APPRAISAL REPORT; UDS REF. #94-012.15 (EAR)
■ Review of town conditions and circumstances;
o Consultation and coordination with client's consultants and other professionals with regard to
the EAR requirements;
■ Review of Comprehensive Plan and Zoning Regulations of the town in light of the goals and
issues of the Evaluation & Appraisal Report;
■ Attendance at meetings with pertinent town staff, county staff, and Department of Community
Affairs staff to review and confirm appropriate applications, forms, regulations and processes,
if necessary (up to 3 meetings);
■ Coordination, administration and leadership of workshops and public meetings that are required
for the EAR (up to 3 public meetings);
■ Update population analysis and predictions;
o Assessment of existing development and the extent of vacant and developable lands;
■ Discussion on financial considerations in providing needed services to the community in the
future;
o An assessment of the success and shortcomings of each element of
the Town's Comprehensive Plan;
isSui An assessment ofthe coordination of the Town's future land uses and
5. Rosemary Avenue
Suite 225 -The Lofts at City Place
residential development with the capacity of existing and planned
West Palm Beach, FL 33401
561_366.1100 561.366.1111 fax
www.UDSanline.com
G11obs\Gulf dram Town ol\ContmdskonlmctaARmvnvpd
LCC35
LCC35
William Thrasher, Town Manager Page 2
July 8, 2005
schools;
■ An assessment of the Town's Comprehensive Plan compliance with the South Florida Water
Management District's Regional water supply plan;
o An assessment of the Town's Comprehensive Plan compliance with Palm Beach County's
Comprehensive Plan and EAR;
■ An evaluation of whether apastreductioninland use density within the coastal high -hazard area
impairs the rights of current residents when redevelopment efforts occur;
■ Discussion of public participation activities in preparing for the EAR.
e Coordination with the various governmental agencies required to complete the EAR;
■ Prepare written Evaluation & Appraisal Report, paper and digital copies to be presented to
Town;
e Follow up with Town and DCA for additions and/or alterations of report (up to three revisions);
is Site investigation based on site visit, aerial photographs, and any available surveys, studies or
plans pertaining to the Town;
■ Preparation of required agreements and affidavits to be signed by Town Officials;
■ Preparation of required application forms, submittal letters and other required statements;
e Consultation with elected and appointed officials as may be necessary;
■ Preparation of file memos noting discussions and actions at public meetings.
PART H. PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT
UDS REF.#94-012.15 (LUP)
■ Coordination with staff on preparation of EAR -Based amendments;
■ Attend up to 3 public meeting for consideration and adoption of EAR -Based amendments;
■ Coordination with DCA on review of EAR -Based amendments;
■ Revised amendment, as needed, based on Town Commission, Town Staff and DCA comments.
PART M. PRESENTATION GRAPHICS; UDS REF.#94-012.15 (MG)
Preparation of required application submittal maps;
Preparation of PowerPoint presentation, including coordination of graphics prepared by others
and additional support graphics necessary for successful presentation to the Town of the
proposed EAR.
PART IV. ADDITIONAL SERVICES; UDS REF. #94-012.15 (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 will require
proper authorization by the Client and will be billed at the hourly rates referenced herein, or maybe
negotiated on a fixed fee basis.
Additional Services not included within this proposal areas follows:
e:Uoh\Gulfstream Town oAConlmcl \oon1mc1EAltmv.wpd
LCC35
FILE No.461 07/15 '05 11:27 ID:URBAN DESIGN STUDIO FAX:561 366 1111 PAGE 41 6
William Thrasher, Town Manager Page 3
July 14, 2005
■ Document revisions resulting from changes in other consultants work;
■ Revisions to the submitted support graphics, as requested by the client or as required by the
Town of Gulf Stream staf€-Planning & Zoning Commission-, Town Commission, or as a result
of conditions of approval by DCA;
■ Additional support graphics deemed necessary for presentation to the reviewing bodies;
■ Photographic reproduction of project graphics;
■ Attendance at more than the number of meetings referenced above;
B Preparation for anyofthe abaw-referenced additional meetings and follow-up coordination with
Client or consultant team;
■ Preparation of any required -notices and affidavits for notification of surrounding property
owners;
■ All postage for possible mailing of notices to surrounding property owners;
■ Attendance and preparatioafo scopiag-meeting with surrounding governmental entities and
agencies; -
■ Digitalization of existing -co ur ebensive-plan,.
FEES: -
PART 1. EVALUATION--&-"PRAISAL REPORT; UDS REF, #94-012.15 (EAR)
HOURLY NOT TO -EXCEED .............................. $30,000.00
PART H. PREPARATION (WEAR -BASED -COMPREHENSIVE PLAN AMENDMENT
UDS REF.#94-012.15 (LUP)
HOURLY NOT-TOLEXCEED- ..................512,500,00
PART Ill. MISCELLANEOUS GRAPHICS; UDS REF. #94-012.15 t M(t
HOURLY NO -T 7MEXCEED ............................... 52,500.00
PART 1V. ADDITIONAL SERVICES; UDS REF. #94-012.15 (GA)
OPEN HOURLY
Open Hourly 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.
Reimbursable expenses arerircuddition-to-pmfessional service fees and shall include, but are not
limited to: reproduction, travel, lodging, courier, telephone charges, and Client requested renderings
and models. All vendor reirnbufaeble-expenses-shall be billed-orra-monthly basis and charged at
1.15% of direct cost.
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.
O:JOACdrSuoan Tnwn uPCumruddcoNnnP pa
Lrcm
William Thrasher, Town Manager
July 8, 2005
Page 4
Contract Notes:
Consultant will make a reasonable effort to identify waivers/variances required as a result ofdeviations fnrom
land development regulations of the governing body. However, the Consultant and/or Client agree to ultinta
rely on the governing body staff to ident i+ all required waivers/variances.
Errors and Omissions: Modifications to plans and application nmterials requn-ed as a result of errors
ourissions by the surveyor, engineer or any other consultant, ar changes requested by the client or govern
agencies, will also be considered additional services, unless otherwise stated.
Signage: Regulatory signage shown on plans prepared by the Consultant is conceptual only and subject to review
by the project engineer and approval by the permitting agencies.
• Construction Details: Pavenient andParking Construction detailsshown onplansprepared by the Consultant are
conceptual only and subject to review by the project engineer and approval by the permitting agencies.
Client agrees to advise Consultant ofany known orsuspected contaminants at the Project site.
Client aclmowledges and agrees thatprope-Projecl nnainienatce is required after the Project is complete. A lack
of improper ntahntenance nnay result in dannage to property m -persons. Client futrthe- acknowledges and agrees
that, as between the parties to this Agreement , Client is solely responsible for die results ofany lack ofa- improper
maintenance.
Thank you for the opportunity to submit this proposal. The terms of this agreement are attached
hereto and area part hereof. Receipt of this signed original proposal and your initial payment shall
be our authorization to proceed.
Sincerely,
URBAN DESIGN STUDIO
� R A./nrn�r
Marty R. A. Minor /-e
Project Manager /Pv
cc: Ken Tuma, Principal
Attachment: "Terms"
APPROVED AND ACCEPTED THIS j L DAY OF Q(IfdJ , 2005.
WJobs\Gulf Streom Town oftCommcls\commc1EArtmv.wpd
LCC35
TERMS
- FAed Fees shall be billed an a monthly percentage of professional services completed basis.
- Fees misted to Hourly services shall be billed monthly at the rates specified herein.
- The Consultant shall not exceed the estimated homily upset fees without further authorization.
- Payment offices donut in anywaydependupon develepm=tappmval by any governmental agency or enyotherreviewing body acepting herewith
any "bonus" provisions if applicable.
- All balances shall be due upon receipt. Invoices shall be considered past due thirty (30) days from date of billing.
- The Client shall be resporu ble for a twelve per cant (12%) carrying charge on all past due =cents.
- Fees are subject to renegotiation if scope of services is not completed within six (6) months due to delays beyond the Consultant's central.
- The Consultant shell not be responsible far any application fees or permit fees if required.
- The Consultant shall not be responsible for any professional services or fen other than those specifically mfcenced in this agrecamm.
- The terms of this agreement may he null and void if not accepted in thirty (3 0) days.
- Owner hereby grants to UDS the right to lien the== pmpeny of Owner as to which the Inclusions] services of UDS under this Agreement apply,
to the extent of all sums, costs and fees due UDS hereunder. Such lien shall be filed, governed and foreclosed in the same manner as liens autharimd
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 heroin.
_ Nothing in this Agreement shall create a conn -actual relationship for the benefit of any third party.
ADDITIONAL SERVICES:
Additional Services required as a result of substantial changes in the established project program, com mints or othermajor changes in the project
concept, or as requested by the Client or Governing Body will require proper authorirntion by the client and will be billed at the hourly rates
referenced herein, or may be negotiated on a feed fee basis.
HOURLY RATES:
PRINCIPAL $110.175fhr. PROJECT DESIGNER/ PLANNER: 565-150/hr.
URBAN DESIGNERIPLANNER 575-150/tr. PROFESSIONAL SUPPORT: S45-65/hr.
LANDSCAPE ARCHITECT: 555-125/hr. TECHNICAL SUPPORT: 525-55/hr.
Expert Witness testimony and deposition time wig be billed at higher hourly rates.
Hourly rates me subject to change upon thirty (30) day written notification.
EXPENSES:
Reimbursable expenses am in addition to professional service fees and shall include, but me not limited to: epmdutdon, travel, ladging, courier,
telephone charges, and client requested renderings and models. All vendor mimbursable expenses shall be billed on a monthly breis and charged
at 1.15% of direct cost.
USE AND OWNERSHIP OF DOCUMENTS:
Upon the parties signing this Agreement, Consultant grants Client a nonexclusive license to use UDS 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 Us Agreement. All
instruments of professional service prepared by Consultant, including, but not limited to. drawings and specifications, graphic/logo design, and
renderings arethe property ofUDS. These documents shall not be mused by Client on otherpmjects without Consultant's written permission. UDS
retains all rights, including copyrights, in its documents. Client or others cannot use UDS documents to complete this Project with others unless
Consultant is found to have materially breached this Agreement.
INDEMNIFICATION:
If this project involves construction es that mrm is gene allyundmstood, and the Consultant does not provide landscape architecture] services during
the construction, including on-site monitoring, site visits, shop drawing =view, design clarifications, etc., the Client agrees to indemnify, defend
and hold Consultantharmless from and against any and all clnims, suits, demands, lasses, costs and expenses, and liabilities arising outof, arrcstrlting
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.
TERMINATION:
It is f trtherundersland 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 warrants then due, the Consultant may eleetnot to perform myfurtherservican pursuant to this agreement and all payments already madeshall
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 =cover from the
Client any amounts due and/or unpaid, togetherwith costs, interest and reasonable attorneys fees.
CONFLICT:
Any changes to this coatnrct shall be in writing and executed by all parties. In the event that them is disagreement between thepartfes regarding eery
of the terms of this agreement, said disagreement shall be submitted to arbitration pursuant to the riles and regulations of the American Arbitration
Association. In no event shall any demand for mediation he made after such claim or dispute would be bared by applicable law. Thedecisionof
the American Arbitration Association shall be binding on the panties. Mediation flees shall be shared equally.
V:\Conmmt Forms\Tcrms.wpd
Novcmber2004
additional services
TO: WILLIAM THRASHER, TOWN MANAGER
FROM: MARTY MINOR r`
DATE: MARCH 31, 2009
PROJECT NAME: TOWN OF GULFSTREAM EAR
urban
design
kl I dad
Urban Planning and Design
Landscape Architecture
Communication Graphics
UDKS PROJECT #: 94-012.015 UDKS LABOR CODE: LUP/MG
DESCRIPTION OF SERVICES:
PART I: PREPARATION OF EAR -BASED
COMPREHENSIVE PLAN AMENDMENT (LUP)
■ Address and work with Treasure Coast Regional Planning Council to address its comments.
■ Research and respond to comments regarding the preservation of Australian Pines within the Town.
■ Coordinate with City of Delray Beach for creation of EAR -based Water Supply Plan
■ Additional research and analysis as the result of Department of Community Affairs' comments
■ Create updated Support Documents to the Comprehensive Plan
PART II: PRESENTATION GRAPHICS (MG)
■ Research and update Comprehensive Plan maps to address DCA comments.
FEES
PART I. PREPARATION OF EAR -BASED
COMPREHENSIVE PLAN AMENDMENT (LUP)
Change Order Fee Amount:.......................................................$8,500.00
Current Fee Amount:............................................................ $15,000.00
Total Revised Fee (with Change Order)..................................$23,500.00
/HOURLY NOT TO EXCEED
PART II. PRESENTATION GRAPHICS (MG)
Change Order Fee Amount: $4,000.00
Current Fee Amount: .............................................................. $8,000.00
Total Revised Fee (with Change Order)..................................$12,000.00
/HOURLY NOT TO EXCEED
APPROVED and ACCEPTED THIS
By: W w.''CtQ.r,:.,.v W. % 3 du e K.c
PrintName:W,((iaa u. It A%0d1krr
.2 3 DAY OF r. i 2009.
r,
Title t'ta✓ .
• Authorization is required prior to services
■ Original Terms apply
G:Uobs\Gulf Stream Town of\Contracts\Add Ser LUP-MG.030609.doe
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudlos.com
LCC35
Page 1 of?
Bill Thrasher
From: Marty Minor [MMinor@udkstudios.coml
Sent: Wednesday, April 22, 2009 4:25 PM
To: Bill Thrasher
Subject: RE: EAR -Based amendment account
Bill,
The total original amount for the EAR, LUP and MG is $45,000. That was the original amounted listed in the
signed contract (attached).
I have also attached a copy of the latest budget report that indicates that approximately $1,900 of the $45,000 is
remaining in the overall budget. This is sufficient to address the DCA comments and adopt the amended
Comprehensive Plan. With the budget report is an Accounts Receivable Ledger which tracks all of the Town's
payments for this contract. An invoice, which is already reflected in these numbers, will be sent to you within the
next several days. This invoice will be for work done in February.
I apologize for the confusion regarding the billing. I hope this has clarified the issue and let you know we are on
track to complete the project under the terms and fees of the signed contract.
Thank you,
marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Lofts at CityPlace
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
"we have a new email and website address":
mminor(&udkstudios.com
www.udkstudios.com
(561) 365-1100 phone
(561)366-1111 fax
Please be aware that when we send electronic data out of our office, we do not have control over how the
information is subsequently used. We request that you do not provide this electronic file to any third party.
From: Bill Thrasher [maiito:bthrasher@gulf-stream.org]
Sent: Tuesday, April 14, 2009 11:09 AM
To: Marty Minor
Subject: RE: EAR -Based amendment account
Please tell me the total original fees for FAR, LUP and MG. Also, tell me the total amount paid to -date on all
three. I know the original total estimated for all three, I know the revised changed for LUP and MG. I am missing
the FAR ( the change order to reduce the FAR 30K) and the total paid for all three. I want to know that the Town
is not paying more than the original total ( EAR, LUP and MG) estimates when this is all over.
Thanks
From: Marty Minor [mailto:MMinor@udkstudios.com]
4/23/2009
Page 2 of 2
Sent: Monday, April 13, 2009 3:53 PM
To: Bill Thrasher
Cc: Ken Tuma
Subject: FAR -Based amendment account
Bill,
To follow upon our telephone conversation in regards to the billing for the FAR -based amendments, we have
attached a copy of the signed contract.
The budget for the project is $45,000. The costs to date are $43,076, which leaves $1,924 which will cover the
remaining portion of the contract and our services. As we discussed during the telephone conversation, the LUP
portion of the contract has been expended, but we will be able to finish the contract with the available monies
(totaling $1,924) from the FAR and MG portions of the contract.
Should you have any questions, please feel free to contact me or Ken Tuma.
Thank you,
marry
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Lofts at CityPlace
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
"we have a new email and website address":
mminor udkstudios.com
w_ _ww. u d kstu d ios. co m
(561) 366-1100 phone
(561) 366-1111 fax
Please be aware that when we send electronic data out of our office, we do not have control over how the
information is subsequently used. We request that you do not provide this electronic file to any third party.
4/23/2009
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July 8, 2005
Mr, William Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
ENTn AUG 3 0 2005
Re: TOWN OF GULF STREAM EVALUATION &
APPRAISAL REPORT (EAR)
UDS REF.#94-012.15 (EAR, LUP, GA)
Dear Mr. Thrasher:
Urban Design
Urban Planning
Land Planning
Landscape Architecture
This proposal is submitted by URBAN DESIGN STUDIO (UDS), hereinafter referred to as the
"Consultant" to the TOWN OF GULF STREAM, hereinafter referred to as the "Client".
This proposal is for professional services rendered by the Consultant as an agent for the Client. The
Consultant shall facilitate the exchange of information to the Town of Gulf Stream as necessary for
coordination of the work. The scope of services will include preparation and research for all public
meetings, documents, maps, reports, activities and services required to prepare an Evaluation &
Appraisal Report for the Town.
Our services under this agreement will be as follows:
PART I. EVALUATION & APPRAISAL REPORT; UDS REF. #94-012.15 (EAR)
■ Review of town conditions and circumstances;
o Consultation and coordination with client's consultants and other professionals with regard to
the EAR requirements;
■ Review of Comprehensive Plan and Zoning Regulations of the town in light of the goals and
issues of the Evaluation & Appraisal Report;
■ Attendance at meetings with pertinent town staff, county staff, and Department of Community
Affairs staff to review and confirm appropriate applications, forms, regulations and processes,
if necessary (up to 3 meetings);
■ Coordination, administration and leadership of workshops and public meetings that are required
for the EAR (up to 3 public meetings);
■ Update population analysis and predictions;
o Assessment of existing development and the extent of vacant and developable lands;
® Discussion on financial considerations in providing needed services to the community in the
future;
o An assessment of the success and shortcomings of each element of
the Town's Comprehensive Plan;
■ An assessment ofthe coordination of the Town's future land uses and
residential development with the capacity of existing and planned
G:VobsMulrSlmum Town oaConlmclskonlmclr•ARicv.wpd
LCC35
477S *
77S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.U�Sonline.com
LCC35
William Thrasher, Town Manager Page 2
3uly 8, 2005
schools;
■ An assessment of the Town's Comprehensive Plan compliance with the South Florida Water
Management District's Regional water supply plan;
o An assessment of the Town's Comprehensive Plan compliance with Palm Beach County's
Comprehensive Plan and EAR;
■ An evaluation of whether apastreduction in land use density within the coastal high -hazard area
impairs the rights of current residents when redevelopment efforts occur;
■ Discussion of public participation activities in preparing for the EAR.
u Coordination with the various governmental agencies required to complete the EAR;
■ Prepare written Evaluation & Appraisal Report, paper and digital copies to be presented to
Town;
s Follow up with Town and DCA for additions and/or alterations of report (up to three revisions);
e Site investigation based on site visit, aerial photographs, and any available surveys, studies or
plans pertaining to the Town;
■ Preparation of required agreements and affidavits to be signed by Town Officials;
■ Preparation of required application forms, submittal letters and other required statements;
is Consultation with elected and appointed officials as may be necessary;
■ Preparation of file memos noting discussions and actions at public meetings.
PART H. PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT
UDS REF.#94-012.15 (L -UP)
■ Coordination with staff on preparation of EAR -Based amendments;
■ Attend up to 3 public meeting for consideration and adoption of EAR -Based amendments;
m Coordination with DCA on review of EAR -Based amendments;
■ Revised amendment, as needed, based on Town Commission, Town Staff and DCA comments.
PART III. PRESENTATION GRAPHICS; UDS REF.#94-012.15 (MG)
■ Preparation of required application submittal maps;
■ Preparation of PowerPoint presentation, including coordination of graphics prepared by others
and additional support graphics necessary for successful presentation to the Town of the
proposed EAR.
PART IV. ADDITIONAL SERVICES; UDS REF. 494-012.15 (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 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 are as follows;
O:Voin%ouimmam Town aAContmc1sXcantmc1EARmv.wpd
LCC35
FILE No.461 07/15 '05 11:27 ID:URBAN DESIGN STUDID FAX:561 366 1111 PAGE 4/ 6
William Thrasher, Town Manager Page 3
July 14, 2005
■ Document revisions resulting from changes in other consultants work;
■ Revisions to the submitted support graphics, as requested by the client or as required by the
Town of Gulf Stream staff Planning & Zoning Commission, Town Commission, or as a result
ofconditions of approval by DCA;
■ Additional support graphics deemed necessary for presentation to the reviewing bodies;
■ Photographic reproduction of project graphics;
■ Attendance at more than the number of meeting& referenced above;
n Preparation foranyoftheabavereferencedadditional meetingsandfollow-up coordination with
Client or consultant team; -
■ Preparation of any requireftotices and affidavits for notification of surrounding property
owners; "--
■ All postage for possible maifmg of notices to surrounding property owners;
• Attendance and preparation-frit=seoping-meeting with surrounding governmental entities and
agencies; —
■ Digitalization of existingzamprehensive-plan—.
FEES: -
PART L EVALUATION-&-"PRAISAL REPORT; UDS REF. #94-012.15 (EAR)
HOURLY NOT TO -EXCEED .............................. $30,000.00
PARTH, PREPARATION_(WEAR-BASED£OMPREHENSIVEPLAN AMENDMENT
UDS REF194-012.15 (LUP)
HOURLY !Y EfkI;XCEED T............................. $12,500.00
PART 111. MISCELLANEOUS GRAPHICS; UDS REF. #94-012.15 I M
HOURLY NQ'T= MEXCEED ............................... $2,500.00
PART IV. ADDITIONAL SERVICES; UDS REF. #94-012.15 (GA)
OPEN HOURLY
Open Hourly 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.
Reimbursable expenses arcirF=WWon-to-ptzsfessional service fees and shall include, but are not
limited m: reproduction, travel, lodging, courier, telephone charges, and Client requested renderings
and models. All vendor reimbursable -expenses shall be billed orra-monthly basis and charged at
1.15% of direct cost. -
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 sero= or termination due to Client's nonpayment.
G:Vob6%Gu1f9ucnn Tnwn u�CunuuNlconlnclP .'pa
LCOA
William Thrasher, Town Manager
July 8, 2005
Page 4
Consultant twill make a reasonable effort to identi6r waivers/variances required as a result ofdeviations from
land development regulations of the governing body. However, the Consultant and/w• Client agree to ultima
rely on the governing bad), staff to identifi, all required waivers/variances.
Errors and omissions: Modifications to plans and application materials required as a result of errors and/or
omissions by the surveyor, engineer or an), other consultant, or changes requested by the client or govermnental
agencies, will also be considered additional services, unless odhewise stated.
Signage: Regulatory signage shoam on plans preps ed by the Consultant is conceptual only and subject to review
by die project engineer and approval by the permitting agencies.
Construction Details: Pavenent and Parking Construction details shown on plans prepared by the Consultant are
conceptual only and subject to review by the project engineer and approval by the permitting agencies.
Client agrees to advise Consultant ofany knonvn orsuspecfed contaminants at the Project site.
Client acknowledges and agrees that prope•Project nnaintemmnce is required after the Project is complete. A lack
of improper nnabntenance may result in damage to property m•persons. Client fuvther acknowledges and agrees
that, as between theparties to this Agreement, Client is solely responsiblefor the results ofany lack of o• innpr•oper
maintenance.
Thank you for the opportunity to submit this proposal. The terms of this agreement are attached
hereto and are apart hereof. Receipt of this signed original proposal and your initial payment shall
be our authorization to proceed.
Sincerely,
URBAN DESIGN STUDIO
�,P A.rYivz�r
Marcy R. A. Minor
Project Manager
cc: Ken Tuma, Principal
Attachment: "Terms"
APPROVED AND ACCEPTED TIIIS 1L DAY OF Q�f �� , 2005.
G:VoWGulf Slrcnm Town anContmcts\con1mc1EARrcv.wpd
LCC35
TERMS
— Fixed Fees shall be billed an a monthly percentage of professional smites completed basis.
— Fees related to Hourly services shall be billed monthly at the rates specified herein.
— The Consultant shall not exceed the estimated boody upset fees without further authorization.
— Payment of fees do not in any way depend upon development approval by any governments] agency or myothareviewing body excepting herewith
any "bonus" provisions if applicable.
— Ali 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 per ccat(12%) carrying charge on all pest due accounts.
— Fees me subject to renegotiation if scope of services is notcompleted within six (6) months due to delays beyond the Consultant's control.
— The Consultant shall not be responsible far any application fees or permit feu if required.
— The Consultant shall not be responsible for my professional services m 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 grams to UDS the right to lien the real property of Owner as to which the professional services of UDS under this Agaement apply,
to the extent of all sums, toss and fees due UDS hereunder. Such lien shall be filed, governed and foreclosed in the same manner as Gens authorized
under Chapter 713.03 (2), Florida Statutes.
— Services and toss under this contract may be subject to o Florida sales tax. If required, such a tax will be added to the fern quoted herein.
_ Nothing in this Agreement shall cream a contractual relationship for the benefit of any third party.
ADDITIONAL SERVICES:
Additional Services inquired as a result of substantial changes in the msblished praject program, constraints or other major clmngn in the pmject
concept, or as requested by the Client or Governing Body will require proper authorization by the client and will be billed at the hourly mics
referenced herein, or may be negotiated on a fixed fee basis.
SOURLY RATES:
PRINCIPAL: S110-175/lu. PROJECT DESIGNER/ PLANNER:- 565.1501hr.
URBAN DESIGNER/PLANNER 575-1501hr. PROFESSIONAL SUPPORT: 545-65/hr.
LANDSCAPE ARCHITECT: S85-125/hr. TECHNICAL SUPPORT: 525-55/11r.
Expert Witness ustimany and deposition time will be billed at higher hourly rates.
Hourly rates ora subject to change upon thirty (30) day written notification.
EXPENSES:
Reimbursable expenses are in addition to professional service fees and shall include, but me 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 1.15% of direct cost.
USE AND OWNERSHIP OF DOCUMENTS:
_ Upon the paries suing this Agreement, Consultant grans Client a nonexclusive license to use UDS dacumens 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 sprcifi cations, grnphic/loga design, and
renderings aro the property of UDS. These documents shall not barmaid by Clint on otherprojectswithout Consultant's written permission. UDS
retains all rights, including copyrights, in is documents. Client or others cannot use UDS documents to complete this Pmjenl with others unless
Consultant is found to have materially breached this Agreement.
INDEMNIFICATION:
If this project involves construction as that terra is genemgyundrustood, and the Consultant does nut provide landscape nmhitechuel services during
the construction, including on—site monitoring, site visits, shop drawing review, design clarifications, etc., the Client agrees to indemnify, defend
and hold Consultant homeless from and against any and all claims, suits, demands, lasses, costs and expenses, and gabigdas arising out of, arremlting
from, acts or omissions in the performance of said amhitectuml services during construction by the Client, and those agents, employers, or
subconhnetom other than the Consultant.
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 mceipt ofnotificetion as
to the amounts then due, the Consultant may elect not to perform my Rather 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 connec0on with any litigation, including appellate proceedings arising out aflhis agreement, the Consultant shall be entitled to mcover from the
Client my amounts due and/arunpaid, together with costs, interest =it =enable attorneys fees.
CONFLICT:
— Any changes to this contractshall be in writing and executed by all parties. In theevent that them is disagmementbetwcen theparties regarding my
of the terms of this agreement, said disagreement shall be submitted to arbitration pursuant to the rules and regulatians of the American Arbitration
Association. In no event shall my demand for mediation be made after such claim or dispute would be barred by applicable law. Thedecisionof
the American Arbitration Association shag be binding an the paries. Mediation fees shag be shoed equally.
V:\Caatroct Farms\Termswpd
November 2004
Page 1 of 2
Bill Thrasher
From:
Marty Minor [MMinor@udkstudios.com]
Sent:
Wednesday, April 22, 2009 4:25 PM
To:
Bill Thrasher
Subject: RE: EAR -Based amendment account
Bill,
The total original amount for the EAR, LUP and MG is $45,000. That was the original amounted listed in the
signed contract (attached).
I have also attached a copy of the latest budget report that indicates that approximately $1,900 of the $45,000 is
remaining in the overall budget. This is sufficient to address the DCA comments and adopt the amended
Comprehensive Plan. With the budget report is an Accounts Receivable Ledger which tracks all of the Town's
payments for this contract. An invoice, which is already reflected in these numbers, will be sent to you within the
next several days. This invoice will be for work done in February.
apologize for the confusion regarding the billing. I hope this has clarified the issue and let you know we are on
track to complete the project under the terms and fees of the signed contract.
Thank you,
marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Lofts at CityPlace
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
"we have a new email and website address"
mmin_or@ud kstu dios. com
www.udkstudios.com
(561) 366-1100 phone
(561) 366-1111 fax
Please be aware that when we send electronic data out of our office, we do not have control over how the
information is subsequently used. We request that you do not provide this electronic file to any third party.
From: Bill Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Tuesday, April 14, 2009 11:09 AM
To: Marty Minor
Subject: RE: EAR -Based amendment account
Please tell me the total original fees for EAR, LUP and MG. Also, tell me the total amount paid to -date on all
three. I know the original total estimated for all three, I know the revised changed for LUP and MG. I am missing
the EAR ( the change order to reduce the EAR 30K) and the total paid for all three. I want to know that the Town
is not paying more than the original total ( EAR, LUP and MG) estimates when this is all over.
Thanks
From: Marty Minor [mailto:MMinor@udkstudios.com]
4/23/2009
Page 2 of 2
Sent: Monday, April 13, 2009 3:53 PM
To: Bill Thrasher
Cc: Ken Tuma
Subject: FAR -Based amendment account
Bill,
To follow upon our telephone conversation in regards to the billing for the EAR -based amendments, we have
attached a copy of the signed contract.
The budget for the project is $45,000. The costs to date are $43,076, which leaves $1,924 which will cover the
remaining portion of the contract and our services. As we discussed during the telephone conversation, the LUP
portion of the contract has been expended, but we will be able to finish the contract with the available monies
(totaling $1,924) from the EAR and MG portions of the contract.
Should you have any questions, please feel free to contact me or Ken Tuma.
Thank you,
marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Lofts at CityPlace
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
"we have a new email and website address"
mminoudkstudios com
www.udkstudios.com
(561) 366-1100 phone
(561) 366-1111 fax
Please be aware that when we send electronic data out of our office, we do not have control over how the
information is subsequently used. We request that you do not provide this electronic file to any third party.
4/23/2009
July 8, 2005
Mr. William Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
Re: TOWN OF GULF STREAM EVALUATION &
APPRAISAL REPORT (EAR)
UDS REF.#94-012.15 (EAR, LUP, GA)
Dear Mr. Thrasher:
Urban Design
Urban Planning
Land Planning
Landscape Architecture
This proposal is submitted by URBAN DESIGN STUDIO (UDS), hereinafter referred to as the
"Consultant" to the TOWN OF GULF STREAM, hereinafter referred to as the "Client".
This proposal is for professional services rendered by the Consultant as an agent for the Client. The
Consultant shall facilitate the exchange of information to the Town of Gulf Stream as necessary for
coordination of the work. The scope of services will include preparation and research for all public
meetings, documents, maps, reports, activities and services required to prepare an Evaluation &
Appraisal Report for the Town.
Our services under this agreement will be as follows:
PART I. EVALUATION & APPRAISAL REPORT; UDS REF. 494-012.15 (EAR)
■ Review of town conditions and circumstances;
■ Consultation and coordination with client's consultants and other professionals with regard to
the EAR requirements;
■ Review of Comprehensive Plan and Zoning Regulations of the town in light of the goals and
issues of the Evaluation & Appraisal Report;
■ Attendance at meetings with pertinent town staff, county staff, and Department of Community
Affairs staff to review and confinn appropriate applications, forms, regulations and processes,
if necessary (up to 3 meetings);
■ Coordination, administration and leadership of workshops and public meetings that are required
for the EAR ( up to 3 public meetings);
■ Update population analysis and predictions;
■ Assessment of existing development and the extent of vacant and developable lands;
■ Discussion on financial considerations in providing needed services to the community in the
future;
e An assessment of the success and shortcomings of each element of
the Town's Comprehensive Plan;
■ An assessment ofthe coordination of the Town's future land uses and
residential development with the capacity of existing and planned
G:Vohs\Gulf Stream Town ol\Con1mc1s\con1mc1EAR=vavpd
LCC35
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
LCC35
William Thrasher, Town Manager
July 8, 2005
Page 2
schools;
■ An assessment of the Town's Comprehensive Plan compliance with the South Florida Water
Management District's Regional water supply plan;
■ An assessment of the Town's Comprehensive Plan compliance with Palm Beach County's
Comprehensive Plan and EAR;
■ An evaluation of whether a pastreduction in land use density within the coastal high -hazard area
impairs the rights of current residents when redevelopment efforts occur;
■ Discussion of public participation activities in preparing for the EAR.
■ Coordination with the various governmental agencies required to complete the EAR;
■ Prepare written Evaluation & Appraisal Report, paper and digital copies to be presented to
Town;
e Follow up with Town and DCA for additions and/or alterations of report (up to three revisions);
e Site investigation based on site visit, aerial photographs, and any available surveys, studies or
plans pertaining to the Town;
■ Preparation of required agreements and affidavits to be signed by Town Officials;
■ Preparation of required application forms, submittal letters and other required statements;
■ Consultation with elected and appointed officials as may be necessary;
■ Preparation of file memos noting discussions and actions at public meetings.
PART II. PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT
UDS REF.#94-012.15 (LUP)
■ Coordination with staff on preparation of EAR -Based amendments;
■ Attend up to 3 public meeting for consideration and adoption of EAR -Based amendments;
■ Coordination with DCA on review of EAR -Based amendments;
■ Revised amendment, as needed, based on Town Commission, Town Staff and DCA comments.
PART III. PRESENTATION GRAPHICS; UDS REF.04-012.15 (MG)
Preparation of required application submittal maps;
Preparation of PowerPoint presentation, including coordination of graphics prepared by others
and additional support graphics necessary for successful presentation to the Town of the
proposed EAR.
PART IV. ADDITIONAL SERVICES; UDS REF. #94-012.15 (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 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 are as follows:
G:Vo6s\GU1rS1 mTown oACon1mc1s\con1mc1EARncv.wpd
LCC35
HLt No.4bl UlilS 'U5 11:'Lr 10:UKUHN UtS1tiN SIUUIU FHX:b6l �5bb 1111 NHlit 41 b
William Thrasher, Town Manager Page 3
July 14, 2005
■ Document revisions resulting from changes in other consultants work;
■ Revisions to the submitted support graphics, as requested by the client or as required by the
Town of Gulf Stream staff, Planning & Zoning Commission-, Town Commission, or as a result
of conditions of approval by DCA;
• Additional support graphics deemed necessary for presentation to the reviewing bodies;
• Photographic reproduction of project graphics;
is Attendance at more than the number of meetings referenced above;
■ Preparation for any of the abuvereferencedadditional meetings and follow-up coordination with
Client or consultant team;
■ Preparation of any required -notices and affidavits for notification of surrounding property
owners;
■ All postage for possible mailing of notices to surrounding property owners;
■ Attendance and preparatiowl1wscoping- meeting with surrounding governmental entities and
agencies; -
■ Digitalization of ex isting-comprchensive- plan_
FEES: -
PART 1. EVALUATION.&APPRAISAL REPORT; UDS REF. #94-012.15 (EAR)
HOURLY NOT TO -EXCEED .............................. S30,000.00
PARTII. PREPARATION-OFEAR-BASEDCOMPREHENSIVE PLAN AMENDMENT
UDS REF.#94-012.15 (LUP)
HOURLY N[#T'17<'k>XCEE11- .......................... 512,500.00
PART 111. MISCELLANEOUS GRAPHICS; UDS REF. #94-012.15 (EAR)
HOURLY NUT -f9 -EXCEED ............................... S2,500.00
PART 1V. ADDITIONAL SERVICES; UDS REF. #94-012.15 (GA)
OPEN HOURLY
Open Hourly 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.
Reimbursable expenses service fees and shall include, but are not
limited to:reproduction,travel,lodging, courier, telephone charges, and Client requested renderings
and models. All vendor reirrA arsabte-expenses shall be billed orra-monthly basis and charged at
1.15% of direct cost.
Additionally, Consultunt 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.
U:Uob.%Gulf Sueun To.n uKuwf"i.kmlrutEARMt?pa
Lrr.3d
William Thrasher, Town Manager
July 8, 2005
Page 4
Consultant will make a reasonable effort to ident fr waivers/variances required as a result ofdeviationsfi-om
land development regulations of the governing body. However, the Consultant and/or Client agree to ultimo
rely on the governing both staff to ident f, all required waivers/variances.
Errors and Omissions: Modifications to plans and application materials required as a result of errors
omissions by the surveyor, engineer or any alter consultant, o- changes requested by the client or govern
agencies, will also be considered additional services, unless otherwise stated.
Signage: Regalatay signage shown on plansprepared by the Consultant is conceptual onh and subject to review
by the project engineer and approval by the pernnitting agencies.
Construction Details: Paveunent atdPark-ing Construction details shown on plans prepared by the Consultant are
conceptual only and subject to review by the project engineer and approval by the permitting agencies.
Client agrees to advise Consultant of any known or suspected contaminants at the Project site.
Client acknowledges and agrees that properProject maintenance is required after the Project is connplete. A lack
of improper naintenance nnay result in damage to property or persons. Client jin-ther acknowledges and agrees
that, as between the parties to this Agreennent , Client is solely responsible for the results ofany lack ofor innpr-oper
Thank you for the opportunity to submit this proposal. The terms of this agreement are attached
hereto and area part hereof. Receipt of this signed original proposal and your initial payment shall
be our authorization to proceed.
Sincerely,
URBAN DESIGN STUDIO
Marty R. A. Minor
Project Manager
cc: Ken Tuma, Principal
Attachment: "Terms"
APPROVED AND ACCEPTED THIS 12— DAY OF Qclf d-) f , 2005.
By: /I /� ✓G�Hr�
1 Print "a nen Authorized Agent
G:Vobs%Gulf Stream Town oACenlmclskonlmctEAarev.npd
LCC35
TERMS
— Fixed Fees shall be billed an 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 hourly upset fees without further author'vation.
— Payment of fees do not in any way depend upon development approval by any governmental agency or any other =viewing body excepting herewith
any "bonus" provisions if applicable.
— 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 per cent (12%) carrying charge on all past due accounts.
— Few 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 UDS the right to lien the real property of Owner as to which the professional smites of UDS under this Agreement apply,
to the extent of all sums, costs and fees due UDS 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 contracmal relationship for the benefit of any third party.
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 mics
referenced herein, or may be negotiated on a fixed fee basis.
HOURLY RATES:
PRINCIPAL: $110-175/hr. PROJECT DESIGNER/ PLANNER: 555-150/hr.
URBAN DESIGNER/PLANNER S75-150/hr. PROFESSIONAL SUPPORT: 545-651hr.
LANDSCAPE ARCHITECT: 585-125/hr. TECHNICAL SUPPORT: S25-55/hr.
Expert Witness testimony and deposition time will be billed at higher hourly rates.
Hourly mics are subject to change upon thirty (30) day written notification.
EXPENSES:
Reimbursable expenses are in addition to professional service few and shall include, but we 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 1.15% of direct cost.
USE AND OWNERSHIP OF DOCUMENTS:
Upon the panics signing this Agreement, Consultant grants Client a nonexclusive license to use LIDS documents as described in this Agreement,
provided Client perfonm in accordance with the terms of this Agmement No other license is implied or granted under this Agreement All
instruments of pmfwsional service prepared by Consultant, including, but not limited to, drawings and specifications, graphic/loga design, and
renderings sre the property ofUDS. Thme documents shall not be mused by Client on otherpmjects without Consultant's written permission. UDS
retains all rights, including copyrights, in its documents. Client or others cannot use UDS documents to complete this Prejecl 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 dam not provide landscape architectural services during
the construction, including on—site monitoring, site visits, shop drawing review, design clarifications, etc, the Client agrees to indernnify, defend
and hold Comultant hanmlws from and against any and all claims, suits, demands, lasses, 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
TERMINATION:
It is further understood that, in ease the Client fails to make any payments when due, in full, within thirty (30) days of the receipt of notification as
to the amours then due, the Consultant may elect not to perform any further services pursuant to this agmument and all payments already made shall
be retained as liquidated damages and the Consultant may elect to lenminate 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 mawmable attorney's few.
CONFLICT:
— Any changes to this contact shall be in writing and executed by all panics. In the event that there is disagreement between thepanim regarding any
of the terms of this agreement, said disagreement shall be submitted to arbitration pursuant to the ruin 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. Thedecisionof
the American Arbitration Association shall be binding an the panics. Mediation few shall be shared equally.
V:\Contract Forms\Tvms.wpd
November2004
JuL.20.20051:13PV
f UIN.tS
FOSTER
-JOHNSTON
& STLMS, PA
Attorneys and Counselors
JONES FOSTER JOHNSTON & STU3SS
John C. Randolph, Esquire
Direct Dial: 561-650.0456
Direct Fax: 561-650-0435
E -Mail: irandolph@Jones-foster.coln
July 20, 2005
Ms. Rita Taylor
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 334$3
Flaglo-CenterTower, Suite 1100
505 South Flogia Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
VIA FAX: 737-0188
Re: Town of Gulf Stream
Urban Design StudkosEvaluation &Appraisal Report
USD Ref. 494-012.15 (EAR, LUP, GA)
Our File No. 13147.1
Dear Rita:
NO. 780 P. 1
Marling Address
Post Officc Box 3475
West Palm Beach, Florida 33402-3475
1 have reviewed the proposal from Urban Design Studio and can approve same as to
legal form and sufficiency. The Consultant's Competitive Negotiations Act does not deal
with planners. Therefore, you need not be concerned about that Act. Further, there is
no requirement that you go to -bid -in regard to this type of a proposal,
Sincerely,
JONESXdolph FOSTER, JOHNSTON & STUBBS, P.A.
JCR/ssm
www.jonec-foster.com
IFAXCover Sheet Date 7-18-05
Number of pages including cover sheet: 6
TO: From: Rita
Town of Gulf Stream
Attny. Randolph 100 Sea Rd
Gulf Stream, FL 33483
Phone: Phone: 561-276-5116
Fax Phone: Fax Phone- 561-737-m RR
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply
Please review the attached proposal from Urban Design Studio.
We want to have it on our next Commission Agenda. They have
been working with us on the Design Manual, as you know, and that
is mentioned in the Comp. Plan. It seems best to have them handle
is EAR,but we are concerned about violating the competitive
requirements. Is our concern valid? Advise Please. Thanks.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No X
FILE No.945 04/18 '05 14:14 ID:URBAN DESIGN STUDIO
April 18, 2005
Mr. William Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 334R3
0.561-276-5116
F: 561-737-0188
Re: TOWN OF GULF STREAM EVALUATION AND
APPRAISAL REPORT REQUIREMENT REVIEW
UDS REF. #94-012.15(DPA)
Dear Mr. Thrasher,
FAX:561 366 1111 PAGE 3/ 5
Urban Design
Urban Planning
Land Planning
Landscape Archliecture
This proposal is submitted by URBAN DESIGN STUDIO (UDS), hereinafter referred it) as the
"Consultant" to TOWN OF GULF STREAM, hereinafter referred to as the "Client".
This proposal is for professional services rendered by the Consultant as an agent for the Client to identify
and clarify with the Department of Community Affairs of all activities needed to be accomplished and
adopted by the Client as part of the Evaluation and Appraisal Report process.
Our services will include the following,
PART I. DEVELOPMENT POTENTIAL ANALYSIS -OUR REF. N94-012.15 (DPA)
• Review of the Town's Comprehensive Plan;
• Consultation with client, client's consultants and other professionals with regards to the EAR
requirements;
• Review of the Florida Statutes and appropriate administrative code provisions with regards to the
Evaluation and Appraisal Repon.
• Airendance at one meeting each with pertinent Gulf Stream staff to review and confirm existing
conditions with regards to the Comprehensive Plan;
• Consultation with the Department of Community Affairs;
• Preparation of a written report outlining findings of tasks listed. above and tasks required to meet
state FAR requirements.
(i
WWI WI Sucum Town vAhA""-"..,lAuninn wed
CL35
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place_
West Palm Beach, FL 33401
661.366.1100 561.366.1111 fax
www.UDSoniino.com
1 CC35
FILE No.945 04/18 '05 14:15 ID:URBAN DESIGN STUDIO FAX:561 366 1111 PAGE 4/ 5
Mr. Bill Thrasher
Town of Gulf Stream
April iS, 2005
Page 2
FEES:
PART L DEVELOPMENT POTENTIAL ANALYSIS -OUR REF.I1194-01.4.12 (DPA) -
HOURLY NOT TO EXCEED WITHOUT
FURTHER AUTHORIZATION ... ................................. $2,500.00
Open Hourly and Hourly Not t& Exceed fees shall be billed an an hourly basis in accordance with the
hourly rates rel'orenced on the attached "Terms" sheet.
Reimbursable expenses are m addition to professional service feesand shall include, hutarc not limited
to: reproduction, travel, lodging, courier, Iclephonc charges, and client requested renderings and models.
All vendor reimbursable expenses shall be billed on a monthly basis and charged at 1.15%of direct cost.
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
LhIII N NQ�
• Any changes to this .scope at the request of -the owner will he considered additional services to
contract and must he cnnlirmed in writing. An Hourly Rule Schedule is included herein.
• Errors and Omissions: Modifications to plans and application materials required as a result
errors and/or omissions by the surveyor, engineer or any other consultant, or changes requested
the client or governmental agendas, will alsabe considered additional services, unless otherw.
stated.
• Client acknowledges and agrees that proper Project maintenance is required ajier the project is
complete. A lack a/ improper maintenance may result in damage to property or persons. Client
further acknowledges and agrees that, as between the parties to this Agreement , Client is solely
responsible Jnr the results a/any lack of or improper maintenance.
G.0-WGWr Sunnm Town nPFANR'nnlueM14nmra,Lwpi
1105
FILE No.945 04/18 '05 14:15 ID:URBAN DESIGN STUDIO FAX:561 366 1111 PAGE 5i 5
Mr. Bill Thrasher
Town of Gulf Stream
April 18, 2005
Page 3
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 original proposal shall be our authorization to proceed.
The duplicate original enclosed is for your files.
Sincerely,
URBAN DESIGN STUDIO
Many R.A. Minor
Project Planncr
Attachment: "Terms"
APPROVED AND ACCEPTED THIS 11_DAV Op K -W 2005.
W.-k(I
n(gnature
(i 1J.W(Mr S11 -M Town oI11iAa1funuun+4unlucl wpl
LCOS
FILE No.945 04/18 '05 14:14 ID:URBAN DESIGN STUDIO
April 18, 2005
Mr. William Thrasher, Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
0:561-276-5116
F:561-737-0188
FAX:561 366 1111 PAGE 2/ 5
Re: TOWN OF GULF STREAM EVALUATION AND
APPRAISAL REPORT REQUIREMENT REVIEW
UDS REF. M94-012.15 (DPA)
Dear Mr. Thrasher,
u::W)P(.
in
S O
Urban Design
Urban Planning
Land Planning
Landscape Architecture
First of all, thank you for contacting Urban Design Studio with regards to the Evaluation and
Appraisal Report process the Town is beginning to undertake.
We are confident that we can assist you in this task. UDS's Planning Director Dodi Glas is a
member of State L•valuation and Appraisal Report Technical Committee (see attached
announcement). I compiled the initial Evaluation and Appraisal Report for the City of Palm Beach
Gardens. If retained, we would be the primary staff members working on this project.
In determining the full scope of the EAR task at hand, we are requesting in the attached letter to
undergo a due diligence phase o thaLwe may review the Town's Comprehensive Plan and current
EAR regulations. After that review, we will be able to correctly identify the required tasks and
provide a reasonable and accurate- proposal for the creation of the full Evaluation and Appraisal
Report.
Please review the attached materials and let me know should you have any questions. Thank you
once again for contacting us regarding this work.
Sincerely,
Urban Design Studio
2e4491e�
Marty R.A. Minor, AIC'P
Project Planner
u uot.ukm Strom n,w�. nrns co,mx,dc....I... ur«h,rer wpd
SCM
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Reach, FL 33401
561.766.1100 661.366.1111 fax
www.UDBonline.com
LCC35