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Betsy Lindsay, Inc.
AGREEMENT THIS AGREEMENT made this 18th day of January, 2016, by and between the Town of Gulf Stream, Florida, a political subdivision of the State of Florida, hereinafter referred to as the 'Town," and Betsy Lindsay, Inc., a Florida corporation , hereinafter referred to as the "Surveyor." WITNESSETH: WHEREAS, the Town and Surveyor entered into an Agreement, dated May 3, 2011, for non-exclusive professional municipal surveying and mapping services, a copy of which is attached hereto; and WHEREAS, Section XVI of the Agreement provides that the Agreement shall remain in full force and effect for a period of three years after the date of, or until completion of all project phases of the then work orders in progress, providing that the Agreement may be extended for a period of two additional years at the discretion of the Town Commission; and WHEREAS, the Town Commission of the Town of Gulf Stream has adopted a Resolution approving a two year extension of the surveying and mapping services agreement for continuing services between the Town of Gulf Stream and Betsy Lindsay, Inc. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Agreement attached hereto shall be extended for a period of two additional years beginning on the date of final execution of this Agreement by the parties and ending on January 18, 2018. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. Attest C Rita Taylor, Town (Town Seal) PADOM1314A00001 \DOC\1041328. DOC THE TOWN OF GyLf ST,R IMI By William H. Thrasher, Town Manager BETSY LINDSA jl By \ Print Im ►' h L a�Qy Title ea 2 ��. N O N - E X C L U S I V E P R O F E S S I O N A L M U N I C I P A L S U R V E Y I N G A N D M A P P I N G S E R V I C E S A G R E E M E N T F O R C O N T I N U I N G S E R V I C E S 3 " T H I S A G R E E M E N T , e n t e r e d i n t o t h i s d a y o f 4 1 a 2 0 1 1 b y a n d b e t w e e n T H E T O W N O F G U L F S T R E A M , a p o l i t i c a l s u b d i v i s i o n o f t h e S t a t e o f F l o r i d a , h e r e i n a f t e r r e f e r r e d t o a s t h e " T O W N " , a n d B E T S Y L I N D S A Y , I N C . , a F l o r i d a C o r p o r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s t h e " S U R V E Y O R " . W I T N E S S E T H T h a t t h e T O W N a n d t h e S U R V E Y O R , i n c o n s i d e r a t i o n o f t h e i r m u t u a l c o v e n a n t s , h e r e i n a g r e e w i t h r e s p e c t t o t h e p e r f o r m a n c e o f p r o f e s s i o n a l S u r v e y i n g s e r v i c e s b y t h e S U R V E Y O R a n d t h e p a y m e n t f o r t h o s e s e r v i c e s b y t h e T O W N a s s e t f o r t h b e l o w a n d i n i n d i v i d u a l W o r k O r d e r s . T h i s a g r e e m e n t s h a l l b e r e f e r r e d t o a s t h e " M A S T E R A G R E E M E N T " u n d e r w h i c h f u t u r e W o r k O r d e r s w i l l a p p l y . T h e S U R V E Y O R s h a l l p r o v i d e t h e T O W N w i t h p r o f e s s i o n a l s u r v e y i n g s e r v i c e s a n d s u c h o t h e r r e l a t e d s e r v i c e s a s d e f i n e d i n s p e c i f i c W o r k O r d e r s f o r e a c h p r o j e c t . T h e S U R V E Y O R s h a l l s e r v e a s t h e T O W N ' s p r o f e s s i o n a l s u r v e y o r f o r t h e p r o j e c t a s s e t f o r t h i n e a c h W o r k O r d e r a n d s h a l l g i v e p r o f e s s i o n a l s u r v e y i n g s e r v i c e s t o t h e T O W N d u r i n g t h e p e r f o r m a n c e o f t h e s e r v i c e s t o b e r e n d e r e d . T h e S U R V E Y O R i s r e t a i n e d b y t h e T O W N t o p e r f o r m t h e s e s e r v i c e s u n d e r t h i s n o n - e x c l u s i v e c o n t i n u i n g c o n t r a c t w i t h t h e T O W N . S E C T I O N 1 - P R O J E C T ( S ) T h e p r o j e c t ( s ) d e l i v e r a b l e s s h a l l b e i d e n t i f i e d b y t h e T O W N a n d c o m m u n i c a t e d t o t h e S U R V E Y O R . T h e S U R V E Y O R s e r v i c e s r e q u i r e d s h a l l b e i d e n t i f i e d o n i n d i v i d u a l W o r k O r d e r s p r e p a r e d b y t h e S U R V E Y O R a n d a p p r o v e d b y t h e T O W N ' s r e p r e s e n t a t i v e . E a c h W o r k O r d e r w i l l b e u n i q u e l y n u m b e r e d a n d s h a l l b e s u b j e c t t o t h e T O W N ' s a p p r o v a l p r i o r t o a N o t i c e - t o - P r o c e e d b e i n g i s s u e d . S e r v i c e s r e q u i r e d o f t h e S U R V E Y O R f o r t h e p r o j e c t w i l l b e d e s c r i b e d i n o t h e r a p p r o p r i a t e s e c t i o n s o f t h i s A g r e e m e n t a n d q u a n t i f i e d i n i n d i v i d u a l W o r k O r d e r s . S u r v e y A g r e e m e n t N O N - E X C L U S I V E P R O F E S S I O N A L M U N I C I P A L S U R V E Y I N G A N D M A P P I N G S E R V I C E S A G R E E M E N T F O R C O N T I N U I N G S E R V I C E S 3 " T H I S A G R E E M E N T , e n t e r e d i n t o t h i s d a y o f 4 1 a 2 0 1 1 b y a n d b e t w e e n T H E T O W N O F G U L F S T R E A M , a p o l i t i c a l s u b d i v i s i o n o f t h e S t a t e o f F l o r i d a , h e r e i n a f t e r r e f e r r e d t o a s t h e " T O W N " , a n d B E T S Y L I N D S A Y , I N C . , a F l o r i d a C o r p o r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s t h e " S U R V E Y O R " . W I T N E S S E T H T h a t t h e T O W N a n d t h e S U R V E Y O R , i n c o n s i d e r a t i o n o f t h e i r m u t u a l c o v e n a n t s , h e r e i n a g r e e w i t h r e s p e c t t o t h e p e r f o r m a n c e o f p r o f e s s i o n a l S u r v e y i n g s e r v i c e s b y t h e S U R V E Y O R a n d t h e p a y m e n t f o r t h o s e s e r v i c e s b y t h e T O W N a s s e t f o r t h b e l o w a n d i n i n d i v i d u a l W o r k O r d e r s . T h i s a g r e e m e n t s h a l l b e r e f e r r e d t o a s t h e " M A S T E R A G R E E M E N T " u n d e r w h i c h f u t u r e W o r k O r d e r s w i l l a p p l y . T h e S U R V E Y O R s h a l l p r o v i d e t h e T O W N w i t h p r o f e s s i o n a l s u r v e y i n g s e r v i c e s a n d s u c h o t h e r r e l a t e d s e r v i c e s a s d e f i n e d i n s p e c i f i c W o r k O r d e r s f o r e a c h p r o j e c t . T h e S U R V E Y O R s h a l l s e r v e a s t h e T O W N ' s p r o f e s s i o n a l s u r v e y o r f o r t h e p r o j e c t a s s e t f o r t h i n e a c h W o r k O r d e r a n d s h a l l g i v e p r o f e s s i o n a l s u r v e y i n g s e r v i c e s t o t h e T O W N d u r i n g t h e p e r f o r m a n c e o f t h e s e r v i c e s t o b e r e n d e r e d . T h e S U R V E Y O R i s r e t a i n e d b y t h e T O W N t o p e r f o r m t h e s e s e r v i c e s u n d e r t h i s n o n - e x c l u s i v e c o n t i n u i n g c o n t r a c t w i t h t h e T O W N . S E C T I O N 1 - P R O J E C T ( S ) T h e p r o j e c t ( s ) d e l i v e r a b l e s s h a l l b e i d e n t i f i e d b y t h e T O W N a n d c o m m u n i c a t e d t o t h e S U R V E Y O R . T h e S U R V E Y O R s e r v i c e s r e q u i r e d s h a l l b e i d e n t i f i e d o n i n d i v i d u a l W o r k O r d e r s p r e p a r e d b y t h e S U R V E Y O R a n d a p p r o v e d b y t h e T O W N ' s r e p r e s e n t a t i v e . E a c h W o r k O r d e r w i l l b e u n i q u e l y n u m b e r e d a n d s h a l l b e s u b j e c t t o t h e T O W N ' s a p p r o v a l p r i o r t o a N o t i c e - t o - P r o c e e d b e i n g i s s u e d . S e r v i c e s r e q u i r e d o f t h e S U R V E Y O R f o r t h e p r o j e c t w i l l b e d e s c r i b e d i n o t h e r a p p r o p r i a t e s e c t i o n s o f t h i s A g r e e m e n t a n d q u a n t i f i e d i n i n d i v i d u a l W o r k O r d e r s . S u r v e y A g r e e m e n t SECTION II - TOWN OBLIGATIONS The TOWN agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with available data, drawings, surveys, right-of-way maps, reports, and other information in the possession of the TOWN, that are pertinent to the project and allowed to be shared. B. The TOWN shall assist in making provisions for the SURVEYOR to enter upon public or private property as required for the SURVEYOR to perform his services. SECTION III - ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED CONTINUING SURVEY SERVICE FIRM The TOWN, through its designated Utility representative, shall, in its sole discretion, assign work to the Continuing Survey Services Firm as appropriate. The "Master Agreement' in no way guarantees any future work. SURVEYOR shall have no right to appeal or challenge the TOWN'S decision regarding distribution of work. SECTION IV - SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional Surveying services in connection with the assigned project(s) as required and as set forth in the following: A. General 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of Work Order and written authorization to proceed, the SURVEYOR shall consult with the TOWN to clarify and define the TOWN's requirements and deliverables for the project and review all available data. 2. The SURVEYOR shall attend meetings with the TOWN and its representatives, upon request. Meetings not included in the Work Order shall be treated as additional services when such meetings are related to approved Work Orders. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall observe the following requirements: Survey Agreement April 2011 a. The SURVEYOR will complete his work on the project within the time allowed by maintaining an adequate staff of registered Surveyors, certified operators, draftsmen, and other employees on the work at all times. b. The SURVEYOR shall comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR's work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall prepare all necessary sketches, drawings, and survey documents as necessary for each project d. The SURVEYOR shall reply in a timely manner to the TOWN's requests for additional information related to the SURVEYOR's work product. The SURVEYOR shall cooperate fully with the TOWN in order that all phases of the work may be properly scheduled and coordinated. e. The SURVEYOR will contact all utility companies having installations in the vicinity of the proposed work and coordinate locations of utilities, if necessary and included on the Work Order. The SURVEYOR shall provide the TOWN with all obtained information relative to any required utility locations and installations and shall show all known above and below ground utilities on the survey work product. f. The SURVEYOR shall report project status to the TOWN'S Representative upon request and hold all drawings, calculations and related work open to the inspection of the TOWN'S Representative or his authorized agent at any time, upon reasonable request. 4. The SURVEYOR shall furnish additional copies of reports, drawings, sketches, and survey documents as required by the TOWN, but may charge only for the actual cost of providing such copies where outsourced and rates included in this Agreement or in the Work Order do not apply. 3 Survey Agreement April 2011 SURVEYOR will submit request for reimbursement in a format as directed by the TOWN's Representative. The SURVEYOR shall furnish to the TOWN the necessary number of sets of the drawings, sketches, survey documents and other pertinent items as set forth in individual Work Orders. The cost of these sets of documents are not included in the basic compensation paid to the SURVEYOR but will be paid as a direct expense. All created documents, survey notes, field books, tracings, drawings, sketches, survey documents, and the like including all items furnished to the SURVEYOR by the TOWN pursuant to this Agreement, are and shall remain the property of the TOWN, and shall be delivered to the TOWN upon completion of the work if requested. All items prepared by the SURVEYOR shall be created, maintained, updated, and provided in the format as specified by the TOWN including but not limited to Print, CADD, PDF, EXCEL, etc. Unless noted otherwise on the Work Order, AutoCAD, Excel, Word, shall be understood to be standard formats for CAD, Spreadsheet, and word documents. 5. The SURVEYOR acknowledges that preparation of all applicable drawings, sketches, survey documents, and written or oral responses to all regulatory agencies' questions about the SURVEYOR's work product, are included within the scope of basic compensation in each particular Work Order. Any additional work required by regulatory agencies or entity which establish such regulations or need after the effective date of the particular Work Order, shall be an additional service, and the TOWN shall compensate the SURVEYOR in accordance with Section VII - "Additional Work;' of this Agreement, and in accordance with the fee schedule in an approved Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the TOWN. Schedule of current hourly billing rates are included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SURVEYOR shall provide a resource plan, time to 4 Survey Agreement April 2011 complete, and other information as needed relative to the Work Order to support the TOWN's effective management of the TOWN's business. SECTION V - TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION VI - COMPENSATION The TOWN agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee: The basic compensation shall be agreed upon prior to issuance of each Work Order and the work hours for each discipline, required equipment hours, and work schedule shall be included in the Work Order. B. Direct Payment for Additional Services: The TOWN agrees to pay on a direct basis for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction. The TOWN shall make direct payment to the SURVEYOR for the cost of printing project plan sheets required for project coordination. The maximum cost allowed per printed sheet utilized for this purpose shall be set forth in the Work Order. 2. All travel expenses must be agreed to in advance by Work Order and included therein. SECTION VII - ADDITIONAL WORK Additional work occurs when the TOWN requests changes after it has issued a Work Order notice -to -proceed. Additional work shall not commence until a Work Order for the additional work has been formally issued by the TOWN's Representative, and the additional work shall be performed in accordance with the fee schedule set forth in Exhibit "A" or as set forth in a supplemental Work Order. SECTION VIII - PAYMENTS Survey Agreement Auril 2011 The TOWN shall make monthly partial payments to the SURVEYOR as provided for in the Work Order. On specific Work Orders with compensation estimated to be greater than $25,000, a ten percent (10%) retainage shall be withheld by the TOWN until all of the SURVEYOR's work is completely accepted by the TOWN. If work is held up on the specific project for six months or greater due to no fault of the SURVEYOR, the SURVEYOR may request release of the accumulated retainage. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified Invoices to the TOWN's Representative for review monthly. Invoices shall indicate the Work Order and deliverables provided. The Work Order shall be divided into units of deliverables, which shall include, but not be limited to, electronic files, reports, findings, drawings, and drafts that must be received and accepted in writing by the TOWN's Representative prior to payment SECTION IX - RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the TOWN's Representative who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The TOWMs Representatives decision upon all claims, questions and disputes shall be final, conclusive and binding. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed and approved by the TOWMs Representative prior to the SURVEYOR beginning his work on such changes. SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Unless agreed otherwise, ownership and copyright of all reports, tracings, plans, specifications, field books, survey information, maps, contract documents, data, and other deliverables developed by the SURVEYOR pursuant to this Agreement, shall be vested in the TOWN. Said materials shall be made available by the SURVEYOR at any time upon request of the TOWN. Survey Agreement April 2011 B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared by the SURVEYOR pursuant to this Agreement, are related to the services described herein. They are not intended for reuse by the TOWN on any other project The TOWN's reuse of any document or drawing shall be at the TOWN's own risk. SECTION)a- NOTICES Any notices, reports or other written communications from the SURVEYOR to the TOWN shall be considered delivered when posted by certified mail or delivered in person to the TOWN's Representative. Any notices, reports or other communications from the TOWN to the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the TOWN or delivered in person to said SURVEYOR or his authorized representative. Unless TOWN is subsequently notified otherwise, the SURVEYOR's address shall be as shown in this Agreement SECTION JQI- TERMINATION Either party may terminate this Master Agreement upon seven (7) days written notice to the other party, except that in the event the SURVEYOR terminates this agreement, such termination shall not be effective, absent the TOWN's consent, until the SURVEYOR's completion or partial completion, to the TOWN's satisfaction, of any Work Order in progress. SECTION XIII - AUDIT RIGHTS The TOWN reserves the right to audit the records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XIV - SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the TOWN. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Surveying and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the Survey Agreement reports or other data, including a description of their respective contribution to the work product SETION XV - WARRANTY The SURVEYOR warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement For the SURVEYOR's breach of violation of this warranty, the TOWN shall have the right to terminate this Agreement without liability. SECTION XVI - DURATION OF AGREEMENT The Master Agreement shall remain in full force and effect for a period of three years after the date of, or until completion of all project phases of the then Work Orders in progress, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII. BY mutual agreement of both parties, this Agreement may be extended for a period of two additional years at the discretion of the TOWN Commission. SECTION XVII - INSURANCE A. WORK ORDERS LESS THAN $100,000. The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by a specific, approved Work Order, provide to the TOWN a certificate of commercial general liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the TOWN, in an amount not less than $500,000 combined single limit for bodily injury and property damage, including coverage for premises/ operations, products/completed operations, contractual liability, and independent contractors. The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by a specific approved Work Order, provide to the TOWN a certificate of professional liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the TOWN, in an amount not less than $1,000,000. The SURVEYOR shall, at least ben (10) days prior to the commencement of any work covered by Survey Agreement April 2011 a specific approved Work Order, provide to the TOWN a certificate of business auto liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the TOWN, in an amount not less than $500,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles. The commercial general liability and auto liability insurance policies shall name the TOWN of GULF STREAM, a political subdivision of the State of Florida, as an additional insured. In addition, the SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by a specific approved Work Order, provide to the TOWN a certificate of worker's compensation insurance, including employer's liability, with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the TOWN, with a limit of $100,000 per accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance with all state and federal laws. The SURVEYOR shall provide to the TOWN at least thirty (30) days written notice by registered mail, return receipt requested, to the TOWN's Representative, prior to cancellation or modification of any required insurance. The SURVEYOR shall cause any subcontractor performing any work to provide to TOWN, certificates of insurance under the same conditions and with the same policy limits as required of the SURVEYOR. B. WORK ORDERS GREATER THAN $100,000. Work Orders greater than $100,000 shall not be entered into under this Agreement. SECTION XVIII - IMDEMNIFICATION The SURVEYOR shall indemnify and hold harmless the TOWN, and the TOWN's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SURVEYOR and other persons employed or utilized by the SURVEYOR in the performance of this contract. SECTION XIX - SAFETY 9 Survey Agreement April 2011 The SURVEYOR is solely responsible for any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations to the TOWN and to the SURVEYOWs Representative. SECTION XX - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Palm Beach County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXI - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXII - SEVERABILITY In the event any provision, section or paragraph of this Agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. 10 Survey Agreement April 2011 IN WITNESS WHEREOF the parties hereto have set their hand to and executed this Agreement this � M day of I t I (W 2011. CONTRACTOR: Betsy Lindsay, Inc. 208 US Hwy One -* i Tequesta, Florida 33469 (If Prot PRFSIDGNT, Mach evidence d autlwdly to sigh) WITNESS: TOWN: Town of Gulf Stream 100 Sea Road Gulf Stream, F rfda 334 By: hn C. Randolph, E0OKsq., Att�orn-ey�j For Leg Form and SuffiJ�� v BY: William F. Koch, Jr., Mayor Town of Gulf Stream 2/j -"t, ./Y— la'a ATTEST: Rita Taylor, Town Clerk Town of Gulf Stream (Town Seal) SURVEYOR FIRM CERTIFICATE I, �1i>:o6a�t, Lia agr of Q��Sy L'ta�Swy.lac. (corporation), hereby certify that F— U Z4 b eNL% A. LS --,k S!�V is a P LP—S% �*- e -4°r of the firm and, is authorized to perform professional services in the name, and on behalf of L`t --A- So„y , .L,) t.. . I further certify that the foregoing is consistent with the By -Laws of the said corporation, and has not been modified or rescinded. IN WITNESS WHEREOF, I have executed this certificate and have causeda corporate seal of S IL, A Zc & 0,,/ To to be hereunder affixed on this day of IA -1 2011. (Seal) C er the Corporation Survey Agreement April 2011 EXHIBIT A - SCHEDULE OF BILLING RATES Office Resources: Unit Rata t-lelo Kesources: I Init• Rata• (hour, mile, etc.) ($/Unit) Principal -in -Charge Per Hour 100.00 Project Manager Per Hour 100.00 Project Surveyor Per Hour 90.00 QA/QC Specialist Per Hour 85.00 Field Crew Coordinator Per Hour 90.00 Data Processor Per Hour 85.00 CAD Operator - MicrostationlOther Per Hour CAD Operator - AutoCAD Per Hour 60.00 Data Processor Per Hour GIS Analyst Per Hour 85.00 Clerical Support Per Hour 40.00 t-lelo Kesources: I Init• Rata• WIP Unsucalie ic:M.mrr:;71Mi rZ I (hour, mile, etc.) ($/Unit) Party/Crew Chief Per Hour GPS Operator Per Hour Survey Technician Per Hour GPS/Laser Scanner Crewman Per Hour GPS Operator Per Hour Instrument Technician Per Hour Quad/Off Road Per Hour 25,00 John Boat Air Boat Per Hour 35.00 Per Contract WIP Unsucalie ic:M.mrr:;71Mi rZ I CERTIFIED BY: Print Name Elizabeth A. Lindsay Sd .ATTACHED FEE SCHEDULE FOR BETSY LINDSAY, TMC. 12 Agreement ADri12011 (ea, hour, mile, etc.) ($/Unit) Total Station GPS Receiver Per Hour 4n. on Laser Scanner Data Collector Electronic Field Book Crew Truck Quad/Off Road Per Hour 25,00 John Boat Air Boat Per Hour 35.00 Per Contract Prints (24 x 36) B&W PER SHEET CERTIFIED BY: Print Name Elizabeth A. Lindsay Sd .ATTACHED FEE SCHEDULE FOR BETSY LINDSAY, TMC. 12 Agreement ADri12011 Exhibit "A" The Town of Gulf Stream BETSY LINDSAY, INC. FEE SCHEDULE 2011 Administrative Assistant CADD Technician Professional Land Surveyor Project Surveyor Survey Technician Two Man Survey Crew Three Man Survey Crew Four Man Survey Crew GPS I Man GPS 2 Man GPS 3 Man Instrument Person w/GPS GIS Analyst GIS Senior Professional Equipment G.P.S. Equipment Boat Rental (Small) Boat Rental (Large) ATV Hydrolite & Small Boat Expenses Vehicle Mileage Rate Photocopy 8 1/2 X 11 Photocopy 8 1/2 X 14 Photocopy 11 X 17 Blueprint 24 X 36 Mylar 24 X 36 Outside Graphics Overnight Services Federal Express, UPS Overnight Services Federal Express, UPS Send all correspondence 7997 SW Jack James Drive Stuart, FL 34997 (772) 286-5753 • Fax (772) 286-5933 $ 40.00 per hour $ 60.00 per hour $100.00 per hour $ 90.00 per hour $ 85.00 per hour $106.00 per hour $130.00 per hour $140.00 per hour $120.00 per hour $140.00 per hour $160.00 per hour $ 85.00 per hour $ 85.00 per hour $100.00 per hour $ 40.00 per hour $ 35.00 per hour $ 45.00 per hour $ 25.00 per hour $100.00 per hour $0.55 cents per mile $0.05 per page $0.07 per page $0.10 per page $2.50 per sheet $15.00 per sheet Cost+ 15 percent $17.00 per delivery (Small) $25.00 per delivery (Large) 208 North U.S. Highway One, #8 Tequesta, FL 33469 (561)575-5275 BETSY LINDSAY, INC. SURVEYING AND MAPPING May 11, 2016 Town of Gulf Stream c/o Danny Brannon, P.E. Brannon & Gillespie, LLC 631 US Highway One, Suite 301 North Pahn Beach, Florida 33408 RE: TOWN OF GULF STREAM FPL SUPPORT Dear Mr. Brannon: VIA EMAIL: dbramtonAbngengineers.com CONSTRUCTION SURVEY Per your request, this SCOPE OF SERVICES and COMPENSATION has been prepared for your approval. The following sections outline the elements of my agreement with Town of Gulf Stream. (Client). SCOPE OF SERVICES All construction staking is based on survey control, right of way lines and property lines established by the Town of Gulf Stream survey effort to support design and construction. 1) Establish additional horizontal control based on the existing horizontal control supplied by the client. 2) Stake the right of way of lines and lot lines as necessary to support the construction of buried lines 3) As -built the horizontal location of the newly buried FP&L line and prepare a record drawing illustrating the horizontal location and depth based on the bore logs furnished by the contractor. 4) Prepare sketch and legal descriptions as requested by the client. PROFESSIONAL FEES This work for items listed will be done on a time and materials basis not to exceed $22,000.00 Thank you for this opportunity to serve the town. If this agreement is satisfactory, please indicate your acceptance by signing below and send one signed copy of this agreement to my office. Sincerely, Elizabeth A. Lindsay, P.L.S. (Betsy) President 1p/. -A _ S:*upoml\bl5Ynydocc%�\I6gul&k=TT &-ph2.doc Send all comspondence 7997 SW Jack James Drive Stuart, FL 34997 (772) 286-5753 • Fax (772) 286-5933 2016 forTown of Gulf Sawn. (client) 208 North U.S. Highway One, #8 Tequesta, FL 33469 (561)575-5275 TOWN OF GULFSTREAM Overhead Utility Undergrounding Initiative Date: January 14, 2014 From: Danny Brannon, P. E., Representative for the Town of Gulf Stream, Florida To: Betsy Lindsay, Inc. Subject: Continuing Services Agreement, Work Order #1 . Gentlemen, Funds have been allocated for this construction survey work by the Town Commission. In accordance with our continuing services agreement for the acquisition of surveying services, this is your Notice to Proceed with the survey work as outlined in Work Order #1. Your attached proposed not -to -exceed fees have been reviewed and determined to be fair and reasonable by the Town Any additional fees you feel necessary will require prior approval in writing from the Town. Services and associated billing shall be in accordance with the current Continuing Services Agreement. As contained in the Agreement, I remind you that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this services associated with this Agreement, and in furtherance thereof may demand and obtain records and testimony from contractors and it's subcontractors and lower tier contractors. Da�� 1 Digitally signed Danny Brannon Date: 2014.01.13 17:35:06 -05'00' Danny Brannon Project Manager CC: Bill Thrasher, Town Manager Rita Taylor, Town Clerk 100 Sea Road, Gulf Stream, Florida 33483 Telephone: 561-307.9454 Facsimile: 561-795-5678 Email: DBrannon@BnGEngineers.com BETSY LINDSAY, INC. SURVEYING AND MAPPING January 9, 2014 Town of Gulf Stream c/o Danny Brannon, P.E. Brannon & Gillespie, LLC 12798 West Forest Hill Blvd, Suite 102 Wellington, Florida 33414 VIA EMAIL RE: TOWN OF GULF STREAM CONSTRUCTION STAKING FOR FPL UNDERGROUND Dear Mr. Brannon: Per your request, this SCOPE OF SERVICES and COMPENSATION has been prepared for your approval. The following sections outline the elements of my agreement with Town of Gulf Stream. (Client). SCOPE OF SERVICES All construction staking is based on survey control, right of way lines and property lines established by the Town of Gulf Stream survey effort to support design and construction. Stake the right of way of lines and property lines at 50 -foot intervals along the tangent sections and at 25 -foot intervals along the curved sections where the proposed FPL facilities parallel the property and right of way lines. PROFESSIONAL FEES This work will be done on a time and materials basis not to exceed $14,000.00 Thank you for this opportunity to serve the town. If this agreement is satisfactory, please indicate your acceptance by signing below and send one signed copy of this agreement to my office. Sincerely, Elizabeth A. Lindsay, P.L.S.(Betsy) President Approved and accepted this /J day of c G! 20 Town of Gulf Stream. (client) ,,7&N X 4i-Ayu'�- Print Name 6,AuthorizedClien[ Apresentative S:\proposal\bl5\mydocs\brannon\ 14gul fstream-stk.doc .Send all corn espoadence 7997 SW Jack James Drive 208 North U.S. Highway One. #S Stuart. FL 31997 Tequesta, FL 33469 (772)286-5753 • Ra(772)286-5933 (561)575.5275 ti Of 0 0 0 0 0 0 0 0 0 0 0 p4 O O N O O O O O O O O O O O N O O N C 0 0 0 C C O O C C O cy N �C N b9 QR(4in b%O EA Ery Eq V�<A N 1. h m f9 69 O O O t O U � � C 40 N O tfI N 7� U Lo q Do Z t 60 cn U M M VI e p p r M c o 0 c 69 6' E 3 N U h l'f N N nrii E U S W W N ty cCO co 01 r r N N t(I � N U p O Ol (H U h o E Lo � y v LU rnIn o v Q. �� a EL U C � z y 3 c m 2 to v h ti W Kct BETSY LINDSAY, INC. SURVEYING AND MAPPING February 13, 2014 Town of Gulf Stream c/o Danny Brannon, P.E. Brannon & Gillespie, LLC 12798 West Forest Hill Blvd, Suite 102 Wellington, Florida 33414 VIA EMAIL RE: TOWN OF GULF STREAM CONSTRUCTION ADDITIONAL STAKING FOR FPL Dear Mr. Brannon: Per your request, this SCOPE OF SERVICES and COMPENSATION has been prepared for your approval. The following sections outline the elements of my agreement with Town of Gulf Stream. (Client). SCOPE OF SERVICES All construction staking is based on survey control, right of way lines and property lines established by the Town of Gulf Stream survey effort to support design and construction. 1) Establish additional horizontal control based on the existing horizontal control supplied by the client. 2) Stake the right of way of lines at all road crossing of proposed FPL facilities. Stake the intersection right of way lines at all property lines that have FPL lines running parallel the property line. 3) Stake the hand hold of the AT&T lines and the hand hold of the Comcast cast cable lines 4) As -built the horizontal location of the newly buried FP&L line and prepare a record drawing illustrating the horizontal location and depth based on the bore logs furnished by the contractor. PROFESSIONAL FEES This work for items 1, 2, and 3 will be done on a time and materials basis not to exceed $7000.00 The work for item 4 will be done on a time and materials basis not exceed $13,600.00 Send all ranespondenre 7997 SW Jack James Drive 208 North U.S. High%jo, One. #s Stuart, FL 34997 Tequesta. FL 33409 (772)286-5753 • Fax(772)286-5933 (561)575-5275 Page 2 February 13, 2014 Town of Gulf Stream Thank you for this opportunity to serve the town. If this agreement is satisfactory, please indicate your acceptance by signing below and send one signed copy of this agreement to my office. Sincerely, Elizabeth A. Lindsay, P.L.S.(Betsy) President Approved and accepted this 2T–r1-11--day of MI 2014 for Town of Gulf Stream. (client) �, Tom/. .✓1� nba..t , Print Name / AutWrirized Client RAnr ntativr .Send all rnrrrs/Htndence 7997 SW lack James Drive Stuart, 171-34997 (772) 286.5753 • Fax (772) 286-5933 and recom Danny Brannon May 28, 2014 208 North U.S. Highway One. #8 Teyuesta. FL 333469 (561)575-5275 Digitally signed by Danny Brannon Date: 2014.05.28 12:08:34 -04'00' BETSY LINDSAY, INC. SURVEYING AND MAPPING November 20, 2014 Town of Gulf Stream c/o Danny Brannon, P.E. Brannon & Gillespie, LLC 631 US Highway One, Suite 301 North Palm Beach, Florida 33408 VIA EMAIL RE: TOWN OF GULF STREAM SKETCH AND LEGAL DESCRIPTION FOR FPL Dear Mr. Brannon: Per your request, this SCOPE OF SERVICES and COMPENSATION has been prepared for your approval. The following sections outline the elements of my agreement with Town of Gulf Stream. (Client). SCOPE OF SERVICES 1) Prepare a sketch and legal description of those portions of the new FPL lines that were constructed within the existing right of ways as illustrated on the marked up set of plans supplied by Brannon & Gillespie PROFESSIONAL FEES The fee for the services as described herein will be a lump sum fee of $1,100.00 Thank you for this opportunity to serve the town. If this agreement is satisfactory, please indicate your acceptance by signing below and send one signed copy of this agreement to my office. Sincerely, Elizabeth A. Lindsay, P.L.S. (Betsy) President Recommended by Danny Brannon. Digitally signed by Danny Up"a_.Q_/�•✓ Brannon Date: 2014.12.1011:15:16-0500' Approved and accepted this 10th day of Decenber 2014 for Town of Gulf Stream. (client) Will -tam H Thrasher Print Name Authorized Client Representative S:\proposal\bl5Mydocs\bmnnon\14gulfsheam-s-I.doc .Send all correspandence 7997 SW Jack James Drive Stuart, FL 34997 (772) 286-5753 a Fav(772) 286-5933 208 North U.S. Highway One. #8 Tequesta, FL 33469 (561)575-5275 Matias, Sally From: Randolph, John C. Sent: Tuesday, June 21, 201111:12 AM To: 'Bill Thrasher' (bthrasher@gulf-stream.org) Cc: Danny Brannon (dbrannon@bngengineers.com) Subject: Surveyor Agreements - Avirom & Associates, Inc., Miller Legg & Associates, Inc. and Betsy Lindsay, Inc. M- I have reviewed the Surveyor Agreements which Danny Brannon forwarded and approve same as to legal form and sufficiency. I have executed the three contracts in duplicate and I will hand deliver them to you this evening. The only caveat is based upon the requirement of the Office of Inspector General which indicates that all contracts entered into by a municipality should contain the language suggested by the Inspector General's office. It seems to me that we could simply attach a page that includes that language and have the contractor sign and acknowledge on that page. Otherwise, these contracts are ready to go. Sally Matias Secretary to John C. Randolph Matthew T. Ramenda H. Michael Easley Direct: 561-650-0458 Fax: 561-650-0465 smatiaslNiones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website 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. AC r>,:r) CERTIFICATE OF LIABILITY INSURANCE oSasZo 6°""""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE CONTACT 411 (A/C, NO. EXT): 877-266-6850 (AIC, No): 585-389-7426 ROCHESTER, NY 14520 EMAIL INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: ILLINOIS NATIONAL INSURANCE COMPANY 23817 INSURED Paychex Business Solutions LLC Betsy Lindsay Inc INSURER B: INSURER C: 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR LTR TYPE OF INSURANCE DDL NSR OR VD POLICY NUMBER POLICY EFF (MMIOO/YYYY) (POLICY POLICY EXP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY =�LAIMS-MADEL ] CUR EACH OCCURRENCE S DAMAGE TO RENIED $ PREMISESIE MED EXP (Any one person) S PERSONAL& ADV INJURY & GENERAL AGGREGATE & EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO It POLICY = PROJECT= Lee a AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) If BODILY INJURY & (Pet person) ALL OWNED SCHEDULED AUTOS ALMOSS HIRED AUTOs AUT05 EDGILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S S UMBRELLA LIAR = OCCUR EACH OCCURRENCE $ EXCESSLIAB =GLAIMSMADE AGGREGATE & OED RETENneNt $ WORKERSCOMPENSATIONANO EMPLOYERS'LIABIUTY 015722001 06/01/2016 06/01/2077 X WC STATU- 7T--FM— TORYLIMITS PH EnA ILL EACH ACCIDENT S 1,000,000.00 My PflOPRIETIXUPpgTNEgIEXECUTVE EJ- DISEASE- EA EMPLOYEE $ 1,000,000.00 OFFICERIMEMBER EXCLUDED? (Mn,welary In NH) N - II yes. Jesa4e uMer N/A - X -. - - ' - - E.L DISEASE- POLICY LIMB - -S" 1,000,000.00 DESC01 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Worker's Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. Waiver of Subrogation granted in favor of the certificate holder. Town of Gulf Stream surveying services CERTIFICATE HOLDER CANCELLATION Town of Gulf Stream SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Danny Brannon, PM DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY 100 Sea Road PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Gulf Stream , FL 33483 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD