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HomeMy Public PortalAboutUDKS #94-012.019CONTRACT FOR SERVICES TO: William Thrasher Town Manager, Town of Gulf Stream FROM: Marty R.A. Minor, AICP� Senior Project Planner DATE: December 13, 2013 urban design ki dad Urban Planning and Design Landscape Architecture Communication Graphics RE: CONTINUING SERVICES CONTRACT FOR TOWN OF GULF STREAM UDKS Ref. #94-012.019 (PL) DESCRIPTION OF SERVICES: Consultant will perform the following tasks at the direction of Client: ■ Review of land development applications, including building permits, presented to the Town of Gulf Stream (Town) at the request of the Town Manager or his designee; ■ Coordinate with applicants and other Town consultants in the review of land development applications, as directed by the Town Manager; ■ At the direction of the Town, research and draft amendments to the Town's Code of Ordinances and Comprehensive Plan. ■ Conduct site visits as part of the review of land development activities, applications or zoning code questions, as directed by the Town. ■ Attendance at meetings with Town Staff and/or consultants retained by Town, as requested; ■ Attendance at meetings of the Town Commission and Architectural Review and Planning Board, as directed; ■ Preparation of planning studies and/or graphics for inclusion in written reports or presentations as directed by the Town Manager; ■ Completion of other assignments as directed by the Town Manager. CONTRACT FEE:........................................................................ OPEN HOURLY APPROVED AND ACCEPTED this day of 2013. By: Print name: • Attachment: "Terms' • Authorization is required prior to services being rendered. H:\JOBS\Gulf Stream_94-012\Continuing Services Contract 2013.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 TERMS urban design ki I day 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 further authorization. — Payment of fees does 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 past due thirty (30) days from date of billing. — The Client shall be responsible for a twelve percent (120/6) carrying charge on 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 ofthis 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 m 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 PARTNERIPRINCIPALS: 5125-300/hr. DIRECTORS: $110.200/hr. LANDSCAPE ARCHITECTS: 585-125/hr. PLANNERS: 565-1504hr. DESIGNER: 565-125/Iu. TECHNICAL SUPPORT: 550-651hr. EXPENSES: — Reimbursable expenses arc 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 partes signing this AgreemenL Consultant grants Client a nonexclusive license to use UDKS documents as described in this Agreement, provided Client performs in accordance with the terns of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepamd 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 nal provide services during the construction, including, permitting/constroction observation, site visits, shop drawing review, design clarifications, etc., the Client agrees to indemnify, defend and hold Consultant harnless 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 partes. In the event that there is disagreement between the partes regarding any of the terms 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 fres shall be shared equally. G:\Office Falders\Commcts\Terms - UDKS 2013.doc August 2013 Rita Taylor From: Bill Thrasher Sent: Wednesday, January 08, 2014 12:51 PM To: Rita Taylor Subject: FW: Continuing Services Contract From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Wednesday, January 08, 2014 10:32 AM To: Bill Thrasher Subject: RE: Continuing Services Contract 23 This is fine. JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolnh(tt,,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [mailto:bthrasher(algulf-stream.oral Sent: Tuesday, January 07, 2014 3:50 PM To: Randolph, John C. Cc: Matias, Sally Subject: FW: Continuing Services Contract Skip, Is this good? Thanks, Bill From: Marty Minor[mailto:MMinorCcDudkstudios.coml Sent: Tuesday, January 07, 2014 3:41 PM To: Bill Thrasher Subject: Continuing Services Contract Bill, We have revised the Indemnification Clause of our Terms sheet to include the recommended language from the Town Attorney. Attached for your signature is the continuing services contract and updated Terms. Please review and let me know if you have any changes. Thank you very much, marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401-5758 561-366-1100 urban design kp i I l 10 oy The Offices at CityPlace North 477 S. Rosemary Avenue. Suite 225 West Palm Beach, Florida 33401 ph. (561( 366.1100 1. (561) 366.1 1 1 1 www.udkstudios.com Urban Planning and Design ( Landscape Architecture Communication Graphics Client#: 1096225 URBANDES2 ACORD. 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IC No): E MAIC° ADDRESS: GENERaLua9ILITv 561 693-0500 INSURERS AFFORDING COVERAGE NAIC0 INSURER A: Valley Forge Insurance Company 20508 INSURED Urban Design Studio, LLC. 610 Clematis Street INSURER B: Transportation Insurance Compan 20494 INSURER c: Continental Casualty Company 120443 INSURER D: Suite CU02 INSURER E: West Palm Beach, FL 33401 INSURER F: COVERAGES CERTIFICATE NIIMRFR- oonc,nu w n.. r-... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, UCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RED7NHNOAIsi.000,000 LTAR TYPE OF INSURANCE AS WVD UBR POLICY NUMBER LIMRS A GENERaLua9ILITv X X 82097206782 EACH OC $1,000,000 X COMMERCIAL GENERAL UASILITY CLAIM&MAGE � OCCUR EIdES EapjprDen°e $300000 D EXP An one Person $10 000 X Non -owned Auto SONAL$ ADV INJURY $1000,000NERAL AGGREGATE $2 OOO 000 GENL AGGREGATE POLICY LIMIT APPLIES PER: X PRO Loc PR DUCTS ACG 52000000 HNOA $1000000 AUTOMOBILE LIABILDY COMBINED SINGLE LIMIT Ea eccklen ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS P BODILY INJURY (Per person) Is BODILY INJURY(Par accident) $ PROPERTY DAMAGE Per acciden $ 1 a 1 B X UMBRELLA LIAM X OCCUR 82097206829 4/01/2015 04/01/201 EACH OCCURRENCE $2000000 EXCESS LIAR CLAIMS -MADE AGGREGATE S2 00O 000 DED I X RETENTION$10000 $ C WORKERS MPLOYES'LI ANO EMPLOYERS COMPENSATION A ANY PROPRIETOITPARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N/A X WC283833515 4/01/2015 04/01/201 X we STATU- OTH- E.L EACH ACCIDENTIPR $1 000 OOO EL DISEASE EA EMPLOYEE $1 000000 (Mandatory Bund Ii as, tlescribe antler DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT I $1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Ten Days Notice for Non-payment of Premium; 30 Days Notice for All Other. Blanket Additional Insured per Written Contract Primary and Non-contributory Wording Waiver of Subrogation per Written Contract (See Attached Descriptions) Town of Gulf Stream 100 Sea Road Delray Beach, FL 33483 ACORD 25 (2010/05) 1 of 2 #S14754967/M14370984 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE klpl"-'ID ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VLNZP