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Home My Public Portal AboutUDS # 94-012.017 (not authorized)FILE No.557 04/03 '07 10:56 ID:URBAN DESIGN STUDIO authorization TO: Bill Thrasher, Town Manager Town of Gulf Stream (Client) 100 Sea Road Gulf Stream, FL 33483 FAX: 561-737-0188 FROM: Jon Carleen, Project Manager ic- DATE: April 3, 2007 rev. PAGES: 2 PROJECT NAME: Gulf Stream Boat Lifts FAX:561 366 1111 PAGE 1/ 2 r' Urban Design v Urban Planning 2 Land Planning X -N / Wridecape Architecture UDS PROJECT M 94-012.017 UDS LABOR CODE: CDR DESCRIPTION OF SERVICES: This proposal is for professional services rendered by the Consultant to identify current and recommend modifications to the land Development Regulations with regards to boat lifts attached to sea walls as directed by the Town of Gulf Stream (Town), Florida. Our services include, but are not limited to: ■ Attend one (1) meeting with Client; ■ Conduct up to two (2) site visits for photo documentation and existing condition analysis from land and the Intracoastal Waterway; ■ Review Town of Gulf Stream Code of Ordinances; ■ Review applicant request for boat lift code modifications; ■ Prepare analysis of proposed lift versus code requirement for seawall mounted lifts; ■ Evaluate community character impact; ■ Meeting with Town Manager and applicant to review recommendations and preliminary findings, ■ Preparation of comparative graphics to illustrate key issues; ■ Preparation of final recommendations; ■ Coordination with Marine Consultant; ■ Presentation and representation at one (1) Architectural Review & Planning Board Meeting; ■ Presentation and representation at one (1) Town Council Meeting. FEE AMOUNTITYPE: ......................... $5,200.00 I Hourly Not to Exceed APPROVED AND ACCEPTED this day of By: Print Authorization is required prior to services being rendered Attachment (1): Terms G Town ol\Codn Rvjcw\CanlrautsUmh. CDR.0327M.wpd LCC35 2007. 477 S. Rosemary Avenue Suite 226 - The Lofts at City Place West Palm Beach, FL 33401 661.366.1100 661.366.1111 fax www.UDSonline.com LCC35 FILE No.557 04/03 '07 10:56 ID:URBAN DESIGN STUDIO FAX:561 366 1111 PAGE 2/ 2 TERMS Fixcd Fees shall be billed on A monthly percentage of professtomal services completed basis. Fees related w Hourly services shall he billed monthly a[ the rates specified herein. The Consultant shall not exceed the estimated hourly upset fees without funher authorization. Payment Offices do not in any way depend upon development approval by any govemmenlal agency or any other reviewing body excepting hemwith any "bonus' provisions if applicable. All balances shall be due upon receipt. invoices shall be considered past due thirty, (30) days from date of biting. The Client shall be responsible for a twelve per cent (12%) carrying charge on all past due accounts. Fees are subject to «negotis6rm if ecopo ofservicm is not completed within six (6) months duc 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 fur any professional services or fees other than those specifically referenced in this agreement. The hems of this agreement may be null and void if not accepted in thirty (.10) days. Owner hcroby grants to LIDS the right to Itch the real property of Owner "to which the professional services of UDS under this Agreement apply, to the extent ofall sums, cots and foes 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 foes quoted herein. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. UDS renins the right to post A marketing/infomtstion sign an the subject property. ADDITIONAL. SERVICES: Additional Services required as u result of substantial chmg,, in the ise� project nblmajorchato the nges concept, oras requested by the Client or Uuvcmng Body will require Proper y the client and ilhobilleda the hourly rates mfLcneed herein, or may be negotiated on a fixed Int basic. HOURLY RATES: PRINCIPAL: SI10-175/hr. PROJECT DESIGNER/ PLANNER: S6$-150/hr. URBAN DESIGNER/PLANNER S75.150/hr. PROFESSIONAL SUPPORT! 545.65/hr. LANDSCAPE ARCHITECT: S85-125/hr. TECHNICAL SUPPORT: S25-55/hr. Espen Witness testimony and deposition time will be billed at higher hourly rates. Hourly rata arc subject to change upon thirty (30) day written notification. EXPENSES: - Reimbursable expenses arc in addition in professional service fees and shall include, but arc not limited e: 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 parties signln6 this Agreement. Consultuat giants Client a noneacluslve license to use UDS documents us described to this Agreement, provided Client petitions in accordance with the wrms of this Agreemem, No nthet license is implied or granted under this Agreement. All instruments of professional service prepared by Consultant, including, but not limited to, drawings and spceifications, graphic/logo design, and renderings amthe property ofUUS. Thcac documents shall not be reused by Client on other projects without Consultant's written permission. UDS renins all rights, including copyrights, in its documents. Client or others cannot use UDS documents Io complete this Project with others unlosn Consultant is found to have mawriully breached this Agreement. INDEMNIFICATION: If this project involves construction as that tum is generally understood, and the Consultant does not provide landscape architectural services during the const action, including on-af c monitoring, she visite, shop drawing review, design clarifications, etc., the Client agrees to indemnify, defend and hold Consultant harmless fmm and against any and all claims, suits, demands, losses, costs and expenses, and liabilities arising outof. OI resulting from, acts or omissions in the performance of said archiwemral services during construction by the Client. and those agents, emplOycos, err subcontractors other than the Consultant. TERMINATION: It is further understood that, in cue the Client fails in make any payments when due, in full, within Ihiny (30) days of the receipt ofnatification as to the amounts then due. thin 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 bu:ausc of such suspension of services or termination duo to Client's nonpayment. ATT'ORNEY'S FEES: In connection With any litigation, including appellate proceedings arising out of this agecmenl, the Consultant shall be entilkd m 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 panics. in the event that them is disagreement between the parties regarding any ofthc terms of this agreement, aid disagreement shall be submitted to arbitration pursuant to the rules and regulations of the American Arbirranion Association. In nes event shall any demand for mediation be made after such claim or disputo would be barred by applicable law. The decision of the American Arbitration Association Shall be binding on the panics. Mediation fm shall be shared equally. V \Comracl FOr ATcrmawpd May 2006