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HomeMy Public PortalAboutUDS #94-012.14 (noise abatement - generators)AUTHORIZATION FOR SERVICES urban TO: Bill Thrasher/ � ., FROM: Jon Carleen a �� DATE: October 22, 2004 C 0 'P y SUBJECT: TOWN OF GULFSTREAM - NOISE ABATEMENT & CONTROL FOR GENERATORS UDS REF. #94-012.14 (DG) Urban Design Urban Planning Land Planning Landscape Architecture The following services will be provided to the Town of Gulfstream by Urban Design Studio: ■ Review existing code with regard to Generator and Accessory Structures; ■ Research current manufacturers specification regarding decibel level output for Generators; ■ Review existing conditions within Town; ■ Research and compare other municipalities for comparable regulations; ■ Prepare recommendations of size, location, screening, hours of operation, noise abatement for permanent Generators; ■ One (1) meeting with Town Manager to review recommendations; ■ One (1) presentation to ARPB, follow-up and minor revisions based on comments; ■ One (1) presentation to Town Commission,. follow-up and minor revisions based on comments; ■ UDS to provide three (3) copies of final report for approval by Town Manager and Town Attorney. FIXED FEE to complete Services requested: SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7.500.00). ADDITIONAL SERVICES Any work not listed in the aforementioned scope will constitute Additional Services. Additional review, planning services and consulting will be performed as needed and will be billed on an hourly basis according to the terms and policy attached. Thank you for the continuing opportunity to provide you with planning and design services. If this work is acceptable to you, please indicate your acceptance by your signature below. The terms of this proposal are attached. APPROVED AND (� ACCEPTED THIS � DAY OF 6 C,T- o h i'� , 2004. BY: W , �C] 1 Y\- Attachment: "Terms" \ G:Uobs\Gulf Stream Town oMccessories-Noise Abatement\ContnclVwth4SnsGenemmrs.I02204.wpd LCC35 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 TERMS 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 hourly upset fees without further authorization. Payment of fees do not in my way depend upon development approval by any governmental agency or any other reviewing bodyexcepting 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 responsible for a twelve per cent (12%) carrying charge on all past due accounts. — Fees aresubject to renegotiation ifscope ofservices is not completed withinsix(6) months due to delays beyond the Consultant's control. — The Consultant shall not be responsible for any application fees if required. The Consultant shall not be responsible for any professional services or feu 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 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 authorized under Chapter 713.03 (2), Florida Statutes. — Services and costs under this contract may be subject to a Floridasales tax. If required, such a tax will be added to the fees quoted herein. ADDITIONAL SERVICES: — Additional Services required as a result of substantial changes in the established project program, constraints or other changes in the project concept oras requested by the Client, will require proper authorization by the Client and will be billed at the hourly rotes referenced herein, or may be negotiated on a fixed fee basis. HOURLY RATES: PRINCIPAL: $110-150/hc PROJECT DESIGNER/ PLANNER: $65-95/hr. URBAN DESIGNER/PLANNER $75-125/hr. PROFESSIONAL SUPPORT: $45.65/hr. LANDSCAPE ARCHITECT: $75-110/hr. TECHNICAL SUPPORT: $25-55/hr. 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. EXPENSES: — Reimbursable expenses shall include reproduction, travel, courier, and telephone and shall be billed on a monthly basis in addition to professional service fees. All vendor reimbursable's shall be charged ©1.15 of direct cost. INDEMNIFICATION: — if this project involves construction as that term is generally understood, and the Consultant does not provide landscape architectural services during the construction, includingon—site monitoring, site visits, shop drawing review, design clarifications, ctc., the Client agrees to indemnify and hold harmless the Consultant from liability arising out of, or resulting from, acts or omissions in the performance ofsaid architectural services during construction by the Client, and those agents, employees, or subcontractors other [ban 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 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. ATTORNEY'S FEES: — Inconnection with anyliligation, including appellate proceedings arising out ofthis agreement, the Consultant shall beentilled torecover from the Client my 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 panics regarding any of the terms of this agreement, said disagreement shall besubmitted to arbitration pursuant to the rules and regulations of the American Arbitration Association. The decision of the American Arbitration Association shall be binding on the parties. G:ICOMMONIContmetForms%TERMS.wpd February 27, 2004