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Home My WebLink About2008-154 RECEIVED MAY 2 31008 February 13, 2008 Revised March 26, 2008 (Hardcopy to follow) Joseph A. Baird, County Administrator Board of County Commissioners of Indian River County 180127 Ih Street Vero Beach, FL 32960-3365 Re: Indian River County/66th Avenue Project Our Ref. #: 8010 Dear Mr. Baird. Thank you for the opportunity to submit this contract proposal . This agreement shall serve as authorization for Houston Cuozzo Group, Inc . (HCG) , hereafter referred to as the " Consultant" , to Board of County Commissioners of Indian River Count3 , hereafter referred to as the " Client " , to provide Eminent Domain and Planning related services associated with the acquisition of the above referenced parcel located in the Indian River County, Florida. LL Scope of Services : n PART I EMINENT DOMAIN & PLANNING y 1 . Coordinate and/or meet with project appraiser, attorney and consultant team to review Project issues . 2 . Coordinate and/or meet with County staff to review relevant project issues. a c P 3 . Review County files, codes, ordinances, plans, etc . , relevant to project. � Q 4 . Site review and field measurements and preparation of existing site conditions pian o based on available survey data. 5 . Preparation of written summary of regulatory issues including : • Existing zoning/land use a • Previous approvals • Development standards • General concurrency conditions • Alternative allowed uses t7 6 . Coordinate and/or meet with project appraisers/consultant team to review conclusions ° and appraisal reports . o z 7 . Prepare for and attend trial in support of project appraisal . o Z y 0 w � o 0 0 www . h c g d e s i g n . co m = N Board of County Commissioners of Indian River County February 13, 2008 #8010 — 66`h Avenue Project Page 2 PART II ADDITIONAL SERVICES Additional services required as a result of substantial changes in the established project program or concept, unforeseen constraints or as requested by the Client will be billed at the hourly rates referenced below and will require Client authorization. These services may include additional schematic plans, other illustrative graphics, meetings with elected or appointed officials, or government approval related services. Terms: It is agreed that HCG, Inc . is acting as agent for the Client. Financial obligations for payment of outside services are the responsibility of the Client. 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. Payment shall be received within the time frames provided in the Florida Local Government Prompt Payment Act F. S . 218 . 72 . Revisions to hourly not to exceed contracts will require Client authorization . Fees and terms are subject to renegotiation unless accepted within thirty (30) days or if accepted but services go beyond nine (9) months due to circumstances beyond the Consultant's control . A County cannot consent to a lien by law. Invoices shall be paid in accordance with the Florida Local Government Prompt Payment Act. In the event any legal action is brought by either of the parties hereto to enforce or interpret the provisions of this agreement, it is expressly agreed that the party in whose favor final judgment shall be entered shall be entitled to recover from the other party reasonable attorney ' s fees incurred at either the trial or appellate level in addition to any other relief which may be awarded .". In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the consultant may stop work and initiate collection and/or legal proceedings to collect the same. The Consultant is not responsible for application fees and in no way are payment of our fees contingent upon government approvals unless otherwise stated . Reimbursables: A seven percent (7%) charge will be included for standard office expense items, i .e . , general copying, postage, routine long distance toll calls, regular size plots and prints, etc. Additional costs and expenses for large items, color prints and plots will be separately added . These additional expense items include, among others: express deliveries, large copy projects, extraordinary telephone charges, conference calls, out of town travel expenses in accordance with F. S . (including all meals and lodgiuo whiie uui of town ), signage, certified mail and title searches . Post Project Services: On any project for which construction drawings and specifications were prepared by the Consultant and/or Landscape Architect and a certification of construction is required by any regulatory agency, the Client shall employ the Consultant and/or Landscape Architect to perform resident project services for observation of the installation work. Unless the Consultant and/or Landscape Architect is engaged for project services, they will not be in a position to certify the work to those regulating agencies having jurisdiction and requiring certification . The Consultant and/or Landscape Architect will endeavor to provide protection for the Client against defects and deficiencies in the work of the Contractor. The Consultant and/or Landscape Architect will not assume liability forjob safety or the performance of the Contractor. T.\Dowments\Contrane,2008\8010Indian River Cly Rev2 - 66th Ave - Eminent Domain doe Board of County Commissioners of Indian River County February 13, 2008 #8010 — 66'r' Avenue Project Page 3 Ownership and Use of Documents: Drawings and Specifications as instruments of service are and shall remain the property of the Consultant and/or Landscape Architect whether the project for which they are made is executed or not. The Client shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with Client's use and occupancy of the project. The drawings and specifications shall not be used by the Client on other projects, for additions to the project, or for completion of the project by others provided the Consultant and/or Landscape Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Consultant and/or Landscape Architect. Termination: The obligation to provide further services under this agreement may be terminated by either party upon thirty (30) 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, the Consultant will he paid for all services rendered to the date of termination.. all expenses subicct to reimbursement hereunder, and other reasonable expenses incurred by the Consultant as a result of such termination . Hourly Rates: PRINCIPAL $180. 00 SENIOR PLANNER/ PROJECT MANA GER $ 140. 00 PROJECT MANAGER $110. 00 SENIOR PROJECT DESIGNER/PLANNER $ 95. 00 PROJECT DESIGNERIPLANNER $ 175. 00 TECHNICAL SUPPORT $ 55. 00 STAFFSUPPORT $ 35. 00 Not to exceed $20, 000. 00 without permission by the County Administrator or Board of County Commissioners The CLIENT recognizes and acknowledges that the HCG has fully explained that at the early stage of this representation it is impossible to determine the total fees which will ultimately be incurred and specifically has explained that the total prof!se.ional fees and costs incurred may exceed the amount in this proposal. HCG shall use its best judgment to determine the amount of time, who is to perform the work, and the nature of the services to be performed in the CL IENT' s best interest. CLIENT and HCG mutually agree one to the other that the HCG shall submit monthly invoices so that the CLIENT is aware at all times of CLIENT' s outstanding obligation to the HCG and CLIENT shall discharge said obligation promptly. Consultant shall have no liability of any kind for negligence or otherwise in respect to any performance by Consultant pursuant to this agreement. Consultant shall not be liable for any incidental, special or consequential damages, unless otherwise agreed to in writing. In no event shall Consultant's liability for services performed under this agreement exceed the amount of money paid by Client to Consultant under this agreement. T9 DocumenlskCunraat 2008\8010 Indian River Cry Re Jt - b6th Ave - Etnnnent Domaindoc Board of County Commissioners of Indian River County February 13, 2008 #8010 — 66`" Avenue Project Page 4 In the event of any dispute or controversy between the parties which would give rise to the filing of an action relating directly or indirectly to this agreement, the courts of Indian River County, Florida, will have sole and absolute jurisdiction and venue over any such dispute or controversy . T''DocumentsTentracts\2W&II010Indian River Cty Rev2 - 660 Ave - Eminent Domain doc Board of County Commissioners of Indian River County February 13, 2008 #8010 - 66`" Avenue Project Page S Summary of Fees : HOURLY SERVICES PART 1 EMINENT DOMAIN AND PLANNING PART II ADDITIONAL SERVICES Not to exceed S20, 000. 00 without permission by the County Administrator or Board of County Commissioners Receipt of a signed original proposal and any referenced retainer will be our authorization to proceed The retainer will be credited toward your last invoice. We look forward to working with you on this project. ACCEPTANCE OFA GREEMENT 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. &ardof Houston CuoZZo C� o� p, I c, ty Commissioners Date r County Baird County Administrator under auihvrnvy of Resolut or APPROVED AS TO FORM AND I EG LSU ICI BY M LIAM C. DEBRAAL DEPUTY COUNTY ATTORN EY T�Documems\Contrads\200880I O Indian River Cry Rev' - 661h Ave - Eminent D inain.doc