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HomeMy WebLinkAbout2012-121A ry -aG - 12 ED NOT mr D14 cii ADMIN10virR JUL 0 5 2012 z0 ( �• I � � P� COUNTY A171- O NE: Y - E; OFFICE �c I ° T'y� Via E - Mail f Hard Copy to Follow ti ' 01? Jam,\ June 6 , 2012 �' i c Indian River County William DeBroal . Esq . Indian River County Deputy County Attorney & Tony Policastro Policastro & LeRoux, P . A. 3090 Charles Ave . Suite 200 Clearwater, Florida 33401 Re : Indian River County v . Laurel Homes Eminent Domain Our Ref. # : 12016 Dear Gentlemen : Thank you for the opportunity to submit this contract proposal . This agreement shall serve as authorization for HJA Design Studio LLC . hereafter referred to as " HJA" to Indian River County, hereafter referred to as the " Client" to provide eminent domain planning support services for the above referenced parcel located on 66th Avenue andl6' h Street in Indian River County . Scope of Services . PART I Eminent Domain Planning Support & Expert Testimony A) Planning Research and Summary Report 1 . Meeting and coordination with client and consultant team . 2 . Review Indian River County Comprehensive Plan and pertinent land development regulations . 3 . Review previous reports , appraisals and staff letters relevant to the parcel . 4 . Review aerials and County maps and relevant surrounding uses . 5 . Meeting with County Planning staff as requested and review of relevant alternative development sites compared to the subject site . 6 . Prepare concept development plans and / or analysis of pre and post take development potential . F ro Es � NOT 1�C SN 014 E D Cil ADMINrAuivR JUL 0 5 2012 201 . 1211 COUNTYAT "fOHNEY ' OFFICE Via E- Mail Hard Copy to Follow TV ?p1? June 6 , 2012 Indian River County William DfBroal . Esq . Indian River County Deputy County Attorney & Tony Policastro Policastro & LeRoux , P . A. 3090 Charles Ave . Suite 200 Clearwater, Florida 33401 Re : Indian River County v . Laurel Homes Eminent Domain Our Ref. # : 12016 Dear Gentlemen : Thank you for the opportunity to submit this contract proposal . This agreement shall serve as authorization for HJA Design Studio LLC , hereafter referred to as " HJA" to Indian River County, hereafter referred to as the " Client" to provide eminent domain planning support services for the above referenced parcel located on 66th Avenue andl6th Street in Indian River County . Scope of Services . PART I Eminent Domain Planning Support & Expert Testimony A) Planning Research and Summary Report 1 . Meeting and coordination with client and consultant team . 2 . Review Indian River County Comprehensive Plan and pertinent land development regulations . 3 . Review previous reports , appraisals and staff letters relevant to the parcel . 4 . Review aerials and County maps and relevant surrounding uses . 5 . Meeting with County Planning staff as requested and review of relevant alternative development sites compared to the subject site . 6 . Prepare concept development plans and / or analysis of pre and post take development potential . 7 . Prepare a preliminary planning analysis and report including exhibits for Client review and comment . 8 . Meet with Client and consultant team to review planning report conclusions . 9 . Revise and / or create additional support material to planning report based on client and team review . Deliverables : 1 . Land Use Planning and Analysis Report and Exhibits including development potential plans and / or analysis . B ) Expert Witness Depositions and Testimony. 1 . Preparation for and attendance at depositions as requested by the Client . 2 . Preparation for and attendance at trial testimony . TERMS AND CONDITIONS 1 ) BILLING : Fixed fees shall be billed monthly on a percentage basis of professional services completed . Hourly services shall be billed on a monthly basis at the rates specified below . Hourly estimate fees are estimates based on similar professional experience when applicable , and may vary from actual billed amounts based on time expenditures needed to accomplish the scope of services listed , and are not a fixed fee or hourly not to exceed limit . Payment shall be received within thirty ( 30 ) days upon receipt of invoice . Revisions to hourly not to exceed contracts will require Client authorization . 3) ADDITIONAL SERVICES . Additional services required as a result of substantial changes in the established project program or concept , unforeseen constraints , major land use change , additions to Property, boundary changes , product type alternatives or revisions as requested by Client will be billed at the hourly rates referenced below and will require Client authorization . Hourly Rates for Additional Services : PRINCIPAL $ 180 . 00 SENIOR PLANNER/ PROJECT MANAGER $ 140 . 00 PROJECT MANAGER $ 110 . 00 SENIOR PROJECT DESIGNER / PLANNER $ 95 . 00 PROJECT DESIGNER/ PLANNER $ 75 . 00 TECHNICAL SUPPORT $ 55 . 00 70 i ' i � , l pare a preliminar l ! t review and comment Hing analysis and report including g exhibits for 8 : with Client and consultant team to review � fusions . 9 R planning report and /or create additional support material to planning report based C ' Dent and team review. Deliverables : 1 • Land Use Planning and Analysis Report and Exhibits including development potential plans and /or analysis . B) Expert Witness Depositions and Testimony: L Pres ) n ( jtion for and attendance at depositions as requested by the Client . 2 . Pref ii if ion for and attendance at trial testimony . TERMS AND CONDITIONS 1 ) BILLING : Fixed feet , ill be billed monthly on a percentage basis of professional services completE sourly services shall be billed on a monthly basis at the rates specified below . 1 1 i iy estimate fees are estimates based on similar professional experience when apl ole , and may vary from actual billed amounts based on time expenditures needed t complish the scope of services listed , and are not a fixed fee or hourly not to excee in it . Payment shall be received within thirty (30 ) days upon receipt of invoice . i . ions to hourly not to exceed contracts will require Client authorization . 3) ADDITIONAL SERVICES . Additionol v vices required as a result of substantial changes in the established project program ) i oncept , unforeseen constraints , major land use change , additions to Property, i ndary changes , product type alternatives or revisions as requested by Client will billed at the hourly rates referenced below and will require Client authorizahk 1 Hourly Rates for Additional Services : PRINCIPAL $ 180 . 00 SENIOR PLANNER / PROJECT MANAGER $ 140 . 00 PROJECT MANAGER $ 110 . 00 SENIOR PROJECT DESIGNER / PLANNER $ 95 . 00 PROJECT DESIGNER / PLANNER $ 75 . 00 TECHNICAL SUPPORT $ 55 . 00 • t Rates subject to change without notice 5) i Alr � oN : may bThe obligation to provide further services under this Agreement may b I t rninated by either party upon ten ( 10 ) days written notice in the event of substar f IcAure by the other party to perform in accordance with the terms herein . In the ev , J any termination due to a proven default by the Client, HJA will be paid for all serve rendered to the date of termination , all expenses subject to reimbursement hereun i ( , i and other reasonable expenses incurred by HJA as a result of such terminale , 6) PAYMEri1 f . Payment hereunder to HJA will be made in U . S . Dollars within thirty (30 ) days of i . e date by either check or wired to such bank accounts as HJA shall specify , y payment due to HJA under this Agreement is subject to withholding for income s , then Client will pay such taxes as required and will remit the Design Fees to HJA c : , ( 1cified in Section 3 herein . Outstan iu I amounts past due shall be assessed a monthly service charge of 2 % over the Curr ( i . I monthly LIBOR rate . In the evi , r f ( iny payment certificate ( certified invoice ) or any portion thereof remains for more, li oiii sixty ( 60 ) days following the due date for payment within this period , HJA may nofiltri tient to rectify the default within fifteen ( 15 ) days . If the Client does not affect p ( rr int , HJA shall have the right to stop the work and initiate collection and /or legal pr( , lings . 7) INSURANCE . During the term of this Agreement , HJA shall , at its own cost , maintain the following i ranee coverage : Professic , i i iability Insurance in the amount of $ 1 , 000 , 000 each claim . Errors an ( I ) missions Liability Insurance in the amount of $ 1 , 000, 000 each occurrence . Compreh ( f , , ive General Liability Insurance in the amount of $ 1 , 000 , 000 each occurrent Comprel ve Automobile Liability Insurance in the amount of $500 , 000 combined single lirr ` bodily injury and property damage liability . Workmen ) mpensation Insurance and Employer ' s Liability Insurance for all of its emploi is required by Florida law. 8) ENTIRE AGREEMENT AND SEVERABILITY . This Agrc , i , , , nt constitutes the entire agreement between the parties . The parties expressly ant and represent that , in entering this Agreement , neither party is relying on any pi i� e , agreement or statement , whether oral or written , that is not expressly and fully li , rth in this Agreement . If any part of this Agreement is held to be invalid or unenfor( . r it ie for any reason , the remaining terms and conditions of this Agreement will remain ii l ! force . 9) MISCELLANEOUS . Rates subject to change without notice 5 ) TERMINATION : The obligation to provide further services under this Agreement may be terminated by either party upon ten ( 10 ) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein . In the event of any termination due to a proven default by the Client , HJA will be paid for all services rendered to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by HJA as a result of such termination . 5 ) PAYMENTS . Payment hereunder to HJA will be made in U .S . Dollars within thirty (30 ) days of invoice date by either check or wired to such bank accounts as HJA shall specify . If any payment due to HJA under this Agreement is subject to withholding for income taxes , then Client will pay such taxes as required and will remit the Design Fees to HJA as specified in Section 3 herein . Outstanding amounts past due shall be assessed a monthly service charge of 2% over the current monthly LIBOR rate . In the event any payment certificate ( certified invoice ) or any portion thereof remains for more than sixty ( 60 ) days following the due date for payment within this period , HJA may notify Client to rectify the default within fifteen ( 15 ) days . If the Client does not affect payment , HJA shall have the right to stop the work and initiate collection and / or legal proceedings . 7) INSURANCE . During the term of this Agreement , HJA shall , at its own cost , maintain the following insurance coverage : Professional Liability Insurance in the amount of $ 1 , 000 , 000 each claim . Errors and Omissions Liability Insurance in the amount of $ 1 , 000 , 000 each occurrence . Comprehensive General Liability Insurance in the amount of $ 1 , 000 , 000 each occurrence . Comprehensive Automobile Liability Insurance in the amount of $ 500 , 000 combined single limit for bodily injury and property damage liability . Workmen ' s Compensation Insurance and Employer ' s Liability Insurance for all of its employees as required by Florida law . 8 ) ENTIRE AGREEMENT AND SEVERABILITY . This Agreement constitutes the entire agreement between the parties . The parties expressly warrant and represent that , in entering this Agreement , neither party is relying on any promise , agreement or statement , whether oral or written , that is not expressly and fully set forth in this Agreement . If any part of this Agreement is held to be invalid or unenforceable for any reason , the remaining terms and conditions of this Agreement will remain in full force . 9 ) MISCELLANEOUS . This Agreement will be construed in accordance with and governed by the laws of Martin County , Florida in the USA . The language of all documents , deliverables , plans , notices , emails and correspondence between the parties shall be English . Summary of Fees : HOURLY SERVICES PART II Expert Witness Depositions and Testimony FIXED FEE SERVICES PART I Planning Research and Summary Report $5 , 900 . 00 Receipt of a signed original proposal will be our authorization to proceed. It this contract proposal meets with your approval , please sign and return to our office . This is our understanding of Scope of Work to be performed . If modifications to this proposal are needed please let us know . We appreciate the opportunity to work with you and your team on this project . Sincerely , Michael Houston , President H J A Design Studio , LLC ACCEPTANCE OF AGREEMENT The above fees , terms , conditions and specifications are satisfactory and hereby accepted . The Consultant is authorized to do the work as specified . Payment shall be made as outlined above . HJA Design Stud ' LC. Indian Iver County Dat APPROVED AS TO FORM , AND EGAAL 711FF1 ( . IFNC ) VJY J -- Iyz _ • __ _ WILLIAM K . DEBRAAL DEPUlFYCOUNTY KFMRNEY This ement will be construed in accordance with and governed by the laws of Mal ounty , Florida in the USA . The language of all documents , deliverables , plans , not . < emails and correspondence between the parties shall be English . Summary of Fees : HOURLY SERVICES PART II Expert Witness Depositions and Testimony FIXED FEE SEiiviCES PART I Planning Research and Summary Report $5 , 900 . 00 Receipt of a signed original proposal will be our authorization to proceed. it this con ! ! proposal meets with your approval , please sign and return to our office . This is our ic: rstanding of Scope of Work to be performed . If modifications to this proposal ieeded please let us know . We appreciate the opportunity to work with you and team on this project . Sincerely , Michael Houston , President H J A Desig ; Iio , LLC ACCEPTANCE OF AGREEMENT The above i cck, , terms , conditions and specifications are satisfactory and hereby accepted . The Consultant i �, , authorized to do the work as specified . Payment shall be made as outlined above . /Hns'ign Studi6 LC. Indian iver County Dat APPROVED AS TO FORM AND EGAL IA ! PFICIF! C ; ILI W( LLAAM K . DEBRAAL DEYuTY COUNTY F ro Es � NOT 1�C SN 014 E D Cil ADMINrAuivR JUL 0 5 2012 201 . 1211 COUNTYAT "fOHNEY ' OFFICE Via E- Mail Hard Copy to Follow TV ?p1? June 6 , 2012 Indian River County William DfBroal . Esq . Indian River County Deputy County Attorney & Tony Policastro Policastro & LeRoux , P . A. 3090 Charles Ave . Suite 200 Clearwater, Florida 33401 Re : Indian River County v . Laurel Homes Eminent Domain Our Ref. # : 12016 Dear Gentlemen : Thank you for the opportunity to submit this contract proposal . This agreement shall serve as authorization for HJA Design Studio LLC , hereafter referred to as " HJA" to Indian River County, hereafter referred to as the " Client" to provide eminent domain planning support services for the above referenced parcel located on 66th Avenue andl6th Street in Indian River County . Scope of Services . PART I Eminent Domain Planning Support & Expert Testimony A) Planning Research and Summary Report 1 . Meeting and coordination with client and consultant team . 2 . Review Indian River County Comprehensive Plan and pertinent land development regulations . 3 . Review previous reports , appraisals and staff letters relevant to the parcel . 4 . Review aerials and County maps and relevant surrounding uses . 5 . Meeting with County Planning staff as requested and review of relevant alternative development sites compared to the subject site . 6 . Prepare concept development plans and / or analysis of pre and post take development potential . 7 . Prepare a preliminary planning analysis and report including exhibits for Client review and comment . 8 . Meet with Client and consultant team to review planning report conclusions . 9 . Revise and / or create additional support material to planning report based on client and team review . Deliverables : 1 . Land Use Planning and Analysis Report and Exhibits including development potential plans and / or analysis . B ) Expert Witness Depositions and Testimony. 1 . Preparation for and attendance at depositions as requested by the Client . 2 . Preparation for and attendance at trial testimony . TERMS AND CONDITIONS 1 ) BILLING : Fixed fees shall be billed monthly on a percentage basis of professional services completed . Hourly services shall be billed on a monthly basis at the rates specified below . Hourly estimate fees are estimates based on similar professional experience when applicable , and may vary from actual billed amounts based on time expenditures needed to accomplish the scope of services listed , and are not a fixed fee or hourly not to exceed limit . Payment shall be received within thirty ( 30 ) days upon receipt of invoice . Revisions to hourly not to exceed contracts will require Client authorization . 3) ADDITIONAL SERVICES . Additional services required as a result of substantial changes in the established project program or concept , unforeseen constraints , major land use change , additions to Property, boundary changes , product type alternatives or revisions as requested by Client will be billed at the hourly rates referenced below and will require Client authorization . Hourly Rates for Additional Services : PRINCIPAL $ 180 . 00 SENIOR PLANNER/ PROJECT MANAGER $ 140 . 00 PROJECT MANAGER $ 110 . 00 SENIOR PROJECT DESIGNER / PLANNER $ 95 . 00 PROJECT DESIGNER/ PLANNER $ 75 . 00 TECHNICAL SUPPORT $ 55 . 00 Rates subject to change without notice 5 ) TERMINATION : The obligation to provide further services under this Agreement may be terminated by either party upon ten ( 10 ) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein . In the event of any termination due to a proven default by the Client , HJA will be paid for all services rendered to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by HJA as a result of such termination . 5 ) PAYMENTS . Payment hereunder to HJA will be made in U .S . Dollars within thirty (30 ) days of invoice date by either check or wired to such bank accounts as HJA shall specify . If any payment due to HJA under this Agreement is subject to withholding for income taxes , then Client will pay such taxes as required and will remit the Design Fees to HJA as specified in Section 3 herein . Outstanding amounts past due shall be assessed a monthly service charge of 2% over the current monthly LIBOR rate . In the event any payment certificate ( certified invoice ) or any portion thereof remains for more than sixty ( 60 ) days following the due date for payment within this period , HJA may notify Client to rectify the default within fifteen ( 15 ) days . If the Client does not affect payment , HJA shall have the right to stop the work and initiate collection and / or legal proceedings . 7) INSURANCE . During the term of this Agreement , HJA shall , at its own cost , maintain the following insurance coverage : Professional Liability Insurance in the amount of $ 1 , 000 , 000 each claim . Errors and Omissions Liability Insurance in the amount of $ 1 , 000 , 000 each occurrence . Comprehensive General Liability Insurance in the amount of $ 1 , 000 , 000 each occurrence . Comprehensive Automobile Liability Insurance in the amount of $ 500 , 000 combined single limit for bodily injury and property damage liability . Workmen ' s Compensation Insurance and Employer ' s Liability Insurance for all of its employees as required by Florida law . 8 ) ENTIRE AGREEMENT AND SEVERABILITY . This Agreement constitutes the entire agreement between the parties . The parties expressly warrant and represent that , in entering this Agreement , neither party is relying on any promise , agreement or statement , whether oral or written , that is not expressly and fully set forth in this Agreement . If any part of this Agreement is held to be invalid or unenforceable for any reason , the remaining terms and conditions of this Agreement will remain in full force . 9 ) MISCELLANEOUS . This Agreement will be construed in accordance with and governed by the laws of Martin County , Florida in the USA . The language of all documents , deliverables , plans , notices , emails and correspondence between the parties shall be English . Summary of Fees : HOURLY SERVICES PART II Expert Witness Depositions and Testimony FIXED FEE SERVICES PART I Planning Research and Summary Report $5 , 900 . 00 Receipt of a signed original proposal will be our authorization to proceed. It this contract proposal meets with your approval , please sign and return to our office . This is our understanding of Scope of Work to be performed . If modifications to this proposal are needed please let us know . We appreciate the opportunity to work with you and your team on this project . Sincerely , Michael Houston , President H J A Design Studio , LLC ACCEPTANCE OF AGREEMENT The above fees , terms , conditions and specifications are satisfactory and hereby accepted . The Consultant is authorized to do the work as specified . Payment shall be made as outlined above . HJA Design Stud ' LC. Indian Iver County Dat APPROVED AS TO FORM , AND EGAAL 711FF1 ( . IFNC ) VJY J -- Iyz _ • __ _ WILLIAM K . DEBRAAL DEPUlFYCOUNTY KFMRNEY